Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Informant/victim was not notified about bail application - There is factually a denial of right to victim to participate in proceedings which is recognized u/s 483(2) BNSS - Order granting bail suspended for three weeks - Opposite party no.2 is directed to surrender before trial Court and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Bail application of petitioner cannot be rejected solely on the ground that petitioner is involved in other case...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Application filed after four years of filing FIR - Fact that petitioner was not arrested for four years by itself was a good ground for High Court to exercise its discretion and order grant of anticipatory bail - While considering plea for anticipatory bail why should High Court ask a question to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 120B, Arms Act, 1959, Section 25(1B)(a), Unlawful Activities (Prevention) Act, 1967, Section 18, 18A, 18B, 19, 20, 38, 39 -- Bail - Offence u/s 120-B IPC, S.25(1-B)(a) of Arms Act and Ss.18, 18-A, 18-B, 19, 20, 38, 39 of UAPA - A-20 has been found involved with banned terrorist..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Status report shows that DNA of petitioner was found in salwar and vaginal swab of victim - Prima facie, there is sufficient material to connect petitioner with commission of..........
Indian Penal Code, 1860, Section 307, 506, Arms Act, 1959, Section 25, 27, 54, 59, Criminal Procedure Code, 1973, Section 439 -- Offence u/Ss. 307, 506 IPC and 25, 27, 54, 59 Arms Act - Bail - Accused in his bail application admitted the fact that he shot the victim out of anger after she refused to go with him to the matrimonial home - Further as per the record, accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 50, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Non-compliance of S.50 NDPS - As per record, heroin was recovered from the residence of the accused and not her person - S.50 NDPS only applies in the case of search of the person of suspect, pursuant to the apprehension of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Appellant being a married man aged about 37 years, induced minor girl and took her into mango grove and committed sexual assault and thereafter he took her to Dhaba and forced her to work as a labourer in said dhaba, which is unpardonable - He has received..........
Criminal trial -- Provisions relating to pre-arrest and post arrest bail - S.35 BNSS refusal to remand by Judicial Magistrate, discharge of accused by trial court and even acquittal for want of proof beyond reasonable doubts, are means to achieve broad goal to prevent curtailment of liberty without legal necessity - However, these provisions are not substitutes for one..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Seeking anticipatory bail from High Court, in the first instance - Since High Court did not apply its mind to determine as to whether the case in hand warranted exercise of jurisdiction by it in the first instance without relegating accused to Sessions Court as such impugned order set aside and..........
