Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 52A -- Contraband - Bail - Petitioners had already undergone 2 years out of sentence of 5 years - Issue of applicability of S.53-A of the Act for search and seizure proceedings are pending in SLP - Petitioner is entitled to bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(c), 22(c), 23, 25, 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Applicant was made accused and has been in custody in regard to two cases for the same act of allegedly delivering a container containing contraband - However, no recovery of any contraband or cash has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Long period of incarceration undergone by appellant - There are no independent witnesses to seizure and pace of trial is rather slow - Out of 17 PWs only one witness has been examined till date - Trial Court would take some time to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Eye witnesses have not supported case of prosecution - Custody of petitioner is more than 3 years - Co-accused has been enlarged on regular bail - No recovery is to be effected from petitioner - Petitioner is not involved in any other case - Conclusion of trial is..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Once the investigation is over and charge sheet is filed then accused should be asked to appear before Court concerned and should furnish bail to satisfaction of trial Court - If at all, I.O wanted to interrogate petitioner, he could have arrested him during course of investigation itself - There..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Involvement of accused in offence of serious nature is no ground to deny bail to a juvenile...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Social Investigation Report does not show that appellant was involved in any criminal activities prior to the case in question - In fact, he was working as a labourer on account of poor condition of his family - There is also no possibility, as per Social Investigation Report, of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 27, 27A, 28, 29, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Keeping in view the facts and circumstances of the case and period of custody already undergone by appellant, bail granted to appellant during pendency of trial on terms and conditions to be fixed by trial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Keeping in view the role allegedly attributed to appellant and period of incarceration suffered by him, appellant released on bail during pendency of trial - However, appellant shall provide mobile number on which he can be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Consent to engage in physical relations does not extend to the misuse or exploitation of a person's private moments or their depiction in an inappropriate and derogatory manner - Thus, while the first sexual encounter may have been consensual, subsequent ones were..........