Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Mere filing of an application for supply of copy of complete challan does not conclusively establish that challan was filed incomplete...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Mere non-filing of FSL report along with police report does not render challan incomplete so as to confer an indefeasible right of default bail upon accused - FSL report being a piece of corroborative evidence can be filed..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Once a charge-sheet is filed within statutory period, accused cannot claim default bail merely because cognizance has not yet been taken or because certain documents are filed later...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29 -- Bail - Contraband - Allegation of payment of Rs.20 lakhs by accomplice of accused to one `J', alleged supplier of seized contraband tablets - Involvement of accused in alleged offence at this stage cannot be ruled out - Bail application..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Merely not getting desirable answers is itself not a reason to deny bail particularly, when level of non-participation is itself unclear...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 306, 34 -- Anticipatory bail - Abetment of suicide - Case of prosecution rests upon contents of suicide notes of deceased - However, there is nothing credible enough for substantiating the same - Exchange of WhatsApp texts of deceased with applicant prior to her committing suicide also..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 108 -- (Indian Penal Code, 1860, S.306) - Bail - Abetment of suicide - Parties were in relationship for around eight years - No dying declaration of deceased on record - Mere breaking up of relationship may not per se constitute instigation so as to make it to be a case of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.69) - Bail - Rape - False promise of marriage - Applicant had repeatedly assured prosecutrix that there was no impediment to their marriage including on aspect of kundali matching and had represented that horoscopes had already matched - It is on..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - At the stage of bail, Court is only required to assess whether allegations and material disclose a prima facie case against accused and whether or not a case for grant of bail as per principles governing grant of bail is made out...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Co-operating with investigation does not extend to violation of constitutional right against self incrimination...........
