Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 342, 323, 120B -- Bail - Offence u/s 363, 366, 342, 323, 120-B IPC - Petitioner participated in the process of investigation - Co-accused already released on bail - Status report on record reveals that no recovery etc., is to be effected from petitioner - Bail granted to petitioner with..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376, 343, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11(5), (12), 17, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Anticipatory bail - Kidnapping and rape - Prosecutrix not supported prosecution case - Co-accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 363, 366, 372, 373, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12 -- Bail - Case of trafficking under garb of marriage - Applicant and his agent took advantage of economic stringency of mother of complainant and had found them vulnerable and cheated..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping & rape - Bail - Age of prosecutrix below 18 years at the time of alleged incident - Alleged offences were prima facie attracted against accused - Interest of State and general public would be adversely..........
Indian Penal Code, 1860, Section 363, 366, 376D, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Abduction and gang rape - Bail - Case of petitioner falls in more than one exception provided u/s 12 of JJ.Act - Petitioner even as a juvenile has gone to the extent of gang raping prosecutrix - Probation Officer report shows that petitioner was in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376 -- Bail - Kidnapping and rape - Medical report of victim shows that she is major girl aged about 18 years - Statement of victim u/s 164 Cr.P.C shows that she is consenting party - Medical report of victim does not corroborate her statement recorded u/s 164 Cr.P.C. - Accused has no..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(G), 342, 372, 373, 120B -- Regular bail - Grant of - After lodging of report investigating agency had got the statement of prosecutrix recorded by Magistrate - Said statement of prosecutrix is self explanatory which reveals that no offence what-so-ever had been committed by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, 342, 506, 3(1)(xii) - - Bail - Grant of - Shifting statement of victim from time to time to investigating officer - In statement recorded u/s 164 of CrPC, she has again changed her earlier version and deposed against accused applicant - Prosecution story is full of improbabilities..........
Criminal Procedure Code, 1973, Section 437, Indian Penal Code, 1860, Section 363,366,376 -- IPC Kidnapping and Rape - Bail - It is urged that entire story is fabricated and prosecutrix was major and had gone of her own volition - Moreover, in her statement u/s 164 CrPC she shows that she was taken to Chattisgarh but in recovery memo, she has been recovered from Jharkhand..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 6(2), Indian Penal Code, 1860, Section 342, 364, 363, 366, 506, 302, 201 -- Juvenile - Bail - Offence u/ss 342, 364, 363, 366, 506, 302 & 201 IPC - Accused declared a juvenile - Bail application filed by accused forwarded to Juvenile Justice Board for disposal - Plea of accused that Sessions Judge is..........
