Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant has joined and is co-operating with investigation - Anticipatory bail denied to accused on the ground that he has not handed over his mobile phone - It is for State to complete investigation in accordance with due procedure, but it cannot insist upon appellant incriminating himself -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest not communicated to relatives of accused in writing - Relative of applicant was asked over phone to appear before arresting officer - However, he expressed his unwillingness to appear - Accordingly, grounds of arrest were intimated to him through a WhatsApp..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Bail - Successive FIRs - These continued acts and conduct of prosecution was to consciously ensure that petitioner is kept in continued custody - Petitioner entitled to be released on bail in successive FIRs...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 108, 45 -- Bail - Abetment of suicide - Allegations against petitioner are not to the effect that she has instigated or abetted victim to commit suicide or on account of harassment caused by her he was not left with any other option but to commit suicide - Prima facie offence u/s..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Not answering to questions of investigating officer, would not ipso facto mean there is non-cooperation...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant has appeared before I.O. pursuant to interim protection granted and there being a civil dispute between parties with regard to immovable property - Co-accused have been already granted bail - Anticipatory bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Accused kidnapped prosecutrix minor in age and after taking her to various places he sexually ravaged her - All family members of prosecutrix have supported prosecution allegations..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 47, 48 -- Bail - Notice u/s 48 BNSS sent by whatsapp messages - But, there is no proof of service available - In absence of actual service, it cannot be held that there was due compliance with the provision of S.48 BNSS - Arrest of petitioners is rendered illegal - Bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21(c), 25, 29 -- Bail - Contraband - Petitioner No.2 along with petitioner No.1 were caught red handed while transporting contraband, which is of commercial quantity and therefore, rigor of S.37 of NDPS would apply with full force - Court not in a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - Period of incarceration has no bearing in the matter of bail involving commercial quantities of narcotic drugs under NDPS Act in a case where embargo u/s 37(1)(b) of the Act is attracted or accused has criminal antecedents...........
