Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Maintainable only if there is change in the fact situation or where earlier finding has become obsolete - In the absence thereof second bail application is not maintainable...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B -- Anticipatory bail - Cheating - Allegations against applicant serious in nature which are weighty - Investigating agency, in order to complete the investigation, required custodial presence and availability of accused - Merely because applicant is 65 years old lady,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 153, 188, 505, 506, 124A -- Statements promoting enmity - Anticipatory bail - After grant of interim bail, petitioner again repeated the same offence - Keeping in view nature and gravity of offences, petitioner declined to benefit of anticipatory bail - No merits - Application dismissed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Offence u/ss 306, 498-A, 34 IPC - Deceased committed suicide due to regular torture and beatings given by accused - Son of deceased who is only 12 years old was alone at home - Taking into account the fact with regard to welfare of minor son, who lost his..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 307, 341, 506, 148, 34 -- Anticipatory bail - As per version of FIR and complainant, his son was assaulted and injuries were inflicted by petitioners - As such no motive has been attributed - Apart from two injuries, all other injuries are simple in nature - Offence u/s 307 IPC made out or..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Factors to be considered before granting bail are: (i) nature of accusations and severity of punishment in case of conviction and nature of supporting evidence; (ii) reasonable apprehension of tampering with the witness or apprehension of threat to complainant; (iii) prima facie satisfaction of Court in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 498A, 34 -- Anticipatory bail - Offence u/ss 304-B, 498-A, 34 IPC - Petitioners are mother-i, law and sister-i, law of deceased - Deceased committed suicide within 4-1/2 years of her marriage - Various transactions on record regarding demands of dowry made by petitioners from deceased - All..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Complicated disputed facts inter se parties cannot be decided in bail application...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Factors to be considered at the time of granting bail are : (i) nature and seriousness of offence; (ii) character of evidence; (iii) circumstances which are peculiar to accused; (iv) possibility of presence of accused at the trial or investigation; (v) reasonable apprehension of witnesses being tampered..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 307, 302 -- Anticipatory bail - Offence u/ss 498-A, 307, 302, 34 IPC - Direct allegations against petitioner/sister-i, law of deceased that she pushed the deceased inside the kitchen and thereafter in furtherance of common intention with co-accused sprinkled kerosene oil upon her body and..........
