Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Charge sheet was filed within 180 days but same was not accompanied by FSL report - FSL report was filed as part of a supplementary charge sheet filed beyond 180 days from the date of arrest of petitioner and after he applied for statutory..........
Prevention of Money Laundering Act, 2002, Section 4, 44 -- Offence u/s 4 of the Act - Bail - Scheduled offence was not in existence when complaint u/s 44 of the Act was filed - Considering the long period of incarceration and continuation of custody of accused will be violation of their right u/art 21 of Constitution - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012 -- Bail - Child victims - Directions issued to Secretary, Department UP Government to ensure that proper formats of reports to be submitted by Child Welfare Committee (CWCs) Courts in bail applications under POCSO Act - Proper training programmes to build the capacity of CWCs..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Rape - Victim is a minor girl aged about 14 years - Applicant is the father of victim - Victim identified applicant as principal offender who trafficked her for money - Offence in question is grave and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Merely because the cheated amount is not recovered, relief of anticipatory bail cannot be declined to petitioner - Veracity of allegations is yet to be established by prosecution by leading cogent evidence - Petitioner has joined the investigation -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Appellants have undergone incarceration for a period of 2 years and 9 months - Initially, 72 witnesses were named, out of which only 3 have been examined, however, witnesses stated to be brought down to 22 to 24 - Trial has been delayed considerably - There are no antecedents of appellants - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Long custody - Accused is behind the bars since 24.9.2022 - Prosecution has examined 5 witnesses and 8 witnesses have been given up and 5 witnesses are yet to be examined - Delay in conclusion of trial cannot be attributed to accused -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2), (5), (6) -- Bail - Murder - Appellant though named in the charge sheet but he is not named originally in the FIR - He is in jail since 1.8.2023 - Although, there are only 11 witnesses to be examined,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Where accused is abroad at the time of making an application for pre-arrest bail u/s 482(1) BNSS, said material fact has to be disclosed in such an application, failing which it would amount to suppression of material facts from the notice of Court, as said material fact possesses the potential to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Investigation of case is complete and charges were framed and presented - Out of 25 PWs, none has been examined till date - Accused has undergone actual custody of 8 months and 5 days and there is one other case registered against him -..........
