Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 302, 363, 201 -- Bail - Rape and murder of 8 years old girl - Incident occurred in a gruesome manner in which 8 years old girl was raped and killed that too by her own cousin - Merely because there was public outcry and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Second bail application - Cannot be considered on the very same facts which were available to accused when earlier bail application was considered...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted with condition that appellant resumes conjugal life with his wife and maintains her with dignity and honour as his lawful wife - High Court should have considered the prayer of appellant for pre-arrest bail entirely on its own merit instead of imposing a condition which is not traceable to S.438(2)..........
Indian Penal Code, 1860, Section 304B, 498A -- Bail - There is prima facie disclose ingredients attracting the offence alleged - The right of the victim, especially a young woman who died while allegedly being harassed for dowry, and who was three months pregnant, must be given due regard - Her voice, now silenced forever, can only be heard through the evidence brought..........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Dismissal of complaints - Condonation of delay of 357 days and 363 days - As per evidence on record, complainant was in custody for more than 1 year and he was only released on bail due to immediate medical treatment - Complainant provided adequate reason for the delay..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) -- Anticipatory bail - Offence u/ss 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) BNS - Brutal attack on an Advocate for drafting a complaint - Petitioners are political leaders -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29(1) -- Bail - Whether there was a proper compliance or substantial compliance of the requirements, is a matter to be considered at the time of trial - Bail is not granted on that ground - Application dismissed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Petitioner has duly joined investigation - Court does not find any compelling ground to justify custodial interrogation of petitioner more so when concededly he has no previous criminal antecedents - Interim anticipatory bail made absolute - Application allowed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Application seeking cancellation of bail is to be filed before Court which granted bail, as it is that Court which has exclusive knowledge of facts for grant of bail or rejection thereof...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), 3(5), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Cancellation of bail - Kidnapping and rape - Session Court granted bail - Even though concurrent powers vested in High Court along with Special Court or Sessions Court to grant or cancel..........
