Indian Penal Code, 1860, Section 498A, 294, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of FIR - Specific overt acts are alleged against all the accused - Investigation is yet to be completed by police - Defence of accused thus, cannot be considered in present petition for quashing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Kidnapping - Victim has clearly exonerated accused and even her brothers have stated nothing against accused in their statements during the trial of case - Prima facie accused has been able to rebut the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Imprisonment cannot be prolonged only for purpose of teaching accused a lesson - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Charge sheet has already been filed and no recovery is required to be made from accused who is in custody since 2020 - Examination-in-chief of victim has already been recorded - There are 23 witnesses cited by prosecution and it..........
Criminal Procedure Code, 1973, Section 438(4), Indian Penal Code, 1860, Section 376(2)(f), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3(b), 4(2), 9(1)(n), 10 -- Anticipatory bail - Maintainability - Rape - Allegations constituting the offence u/s 376(3) IPC can be found in the form of various statements made by victim before Magistrate -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - False promise of marriage - At the stage of considering bail plea, it is neither appropriate nor feasible for Court to draw any conclusion much less to return any finding as to whether promise of marriage made to prosecutrix was false and in bad faith with no intention of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - Prosecutrix and accused both are major at the time of incident and they also were in a romantic relationship with each other, which was also known to their families - Parents of both the parties were contemplating marriage between two - Proposed marriage was awaiting the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323 -- Bail - Attempt to murder - Accused neither armed with any weapon nor he gave any serious injury to father of complainant - Allegation that accused gave kick blows to complainant - Culpability of accused would be decided during trial of case - Challan has already been presented -..........
