Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner is behind the bars for the last 7 months and 6 days - Investigation is complete - Charges were framed and trial of case has not made much progress - Out of 14 PWs, no PW has been examined so far - Culpability of petitioner..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(1), 6 -- Rape - Victim was 14 weeks pregnant at the time of medical examination on 8.8.2023 - However, victim on her examination and her statement given u/s 164 Cr.P.C. said that she last had sex on 22.04.2023 with accused but to be 14 weeks pregnant, she..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376, 323, 306, 313 -- Bail - Rape - FIR mentions fact that applicant had committed murder of deceased, but investigation stated that it is a case of abetment of suicide - Door of deceased is stated to have been broken open by guard and security officer of society - No direct overt act..........
Indian Penal Code, 1860, Section 448, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 448, 34 IPC, S.3(1)(x) of SC/ST Act - Animosity between A-1 and informant - Incident in itself is doubtful - Allegations are omnibus - Informant has taken advantage of his caste and involved four accused in the serious crime..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257 -- Dishonour of cheque - Petitioner willingly paid amount of Rs.1 lakh to complainant - Complainant was permitted to withdraw complaint and accused was acquitted - Accused filed application for refund of amount deposited - There was no condition precedent that in the event of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 465, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1), 13(2) -- Bail - Cheating - Investigation of case based on documentary evidence, is complete - Entire incrimination evidence collected against petitioner is already part of challan which stands presented before..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 147, 504 -- Anticipatory bail - Abetment of suicide - Allegation against applicants are false and misconceived and informant is willing to settle the dispute - There is thus, no material or evidence with prosecution in respect of overt act of applicants instigating deceased to commit suicide..........
Criminal Procedure Code, 1973, Section 439(2), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15(A) -- Cancellation of bail - Non-compliance of provision of S.15-A of SC/ST Act - Victim was informed about filing of bail applications of both the accused respectively and thereafter bail applications of accused persons were decided - There..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A -- Bail - Directions issued that all I.Os/Station House Officers of all Police Stations in all Bail applications (criminal Appeals) which are submitted under SC/ST Act or offences, which have occurred before enforcement of BNSS, whenever Court..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 10, 13, 17, 38(1)(2), 40, 22A, 22C, Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005, Section 8(2), (3), (5), Indian Penal Code, 1860, Section 201, 149, 120B, 34 -- Bail - Offences u/ss 10, 13, 17, 38(1)(2), 40, 22-A, 22-C of 1967 Act, S.8(2), (3), (5) of 2005 Adhiniyam and..........
