Criminal Procedure Code, 1973, Section 439 -- Bail - At the stage of consideration of bail application, Court cannot go into question of credibility and reliability of witnesses put up by prosecution...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 506II, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, 5(l) -- Third bail application - Kidnapping and rape of 11 years old girl - Prosecutrix categorically stated in her statement that accused abducted and committed rape upon her several..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376D, 342, 506, 34 -- Bail - Offence u/ss 363, 376D, 342, 506, 34 IPC - Alleged occurrence took place may 2020 and for first time his name was mentioned by prosecutrix in her 3rd statement recorded in June 2020 - Even, prosecutrix so far has not turned up for disposing before the Court -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323 -- Bail - Murder - Statement of eye witness in question having no evidentiary value in the eyes of law - Implication of applicant would not be proper on the basis of other circumstantial evidence and corroborative material which would be seen during trial - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - As per FSL report aluminium phosphide detected in post mortem - Relationship between accused and deceased prima facie appears to be consensual - Both were of age of majority - Investigation of the case already stands completed - Charges are framed and trial..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 395, 397, 307, 34, 120B, Arms Act, 1959, Section 25, 25(1)(a) -- Bail - Offence u/ss 342, 395, 397, 307, 34, 120-B IPC and Ss.25, 25(1)(a) Arms Act - Even though antecedents of accused may be one amongst relevant considerations while adjudicating a petition on merits for grant of bail,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 Kg 200 gms Charas - Bail - Contentions of accused may have substance but same can only be adjudicated at the trial - Plea of conscious possession has also to be adjudicated at the trial - Accused is in custody since 11.7.20 - He is not involved in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 506, 148, 149, 302, 201, 323 -- Interim medical bail - Offence u/ss 307, 326, 452, 506, 148, 149, 302, 201, 323 IPC - As per medical advice, petitioner is still required to undergo complete bed rest, it shall be open for him to file an application by annexing all medical records in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 18, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 7 kg Opium - Bail - Recovered contraband is heavy in quantity - There is compliance of mandatory provision of NDPS Act - Presence of applicants far away from their usual place of residence further casts shadow on his defence - Sample has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 506, 34 -- Bail - Attempt to murder - Accused were arrested on 26.03.2022 in connection with crime and since then they have been in judicial custody - Injured was also discharged from hospital - Nine material witnesses also examined in the case - There is considerable progress in the..........
