Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 23(c), 25, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - 60 kgs ganja recovered from vehicle of accused - There is sufficient material on record to prima facie proceed against accused `D' and `B' as they are owner and driver of vehicle from where contraband is recovered -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 23(c), 25, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Recovery of 60 kgs ganja - Statement of co-accused against other co-accused is very weak piece of evidence and requires corroboration, therefore, only evidence available against accused `L' is statement of co-accused `B' -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Maintainability - Arrest warrant issued against accused for no, bailable offence - Apprehension of arrest cannot be ruled out - Application u/s 438 Cr.P.C, is maintainable before Court of Session or High Court...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 354-A, 392, 323, 294, 506-B, 34 IPC - Allegation of molestation and looting of amount from complainant against accused - First incident of molestation happened at the time of engagement of brother-i, law of complainant and second looting of amount at the time of marriage - Prima facie..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - For granting anticipatory bail only allegations are to be seen - Evidence will be seen during trial...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- Anticipatory bail - Rape - False promise of marriage - Accused had sexual intercourse with prosecutrix by giving false assurance of marriage but subsequently backed out from the same - Act of accused falls squarely under the definition of rape as he had sexual intercourse with..........
Criminal Procedure Code, 1973, Section 438, 439 -- Cancellation of anticipatory bail - Anticipatory bail can be cancelled only by the Court granting the same or by the higher Court either at the instance of Public Prosecutor or complainant on finding new material or circumstances at any point of time...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 323, 148, 149, 506, 324, 326, 201 -- Anticipatory bail - Murder case - Main accused already in custody - No direct role/injuries attributed to present petitioners - Petitioners who all are ladies are stated to be part of conspiracy and carrying danda and brick bats - At the initial stage..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25A, 29, 37 -- Anticipatory bail - Recovery of 75.370 kg of ketamine hydrochloride, 20 kg of Alprazolam hydrochloride, both psychotropic substance under the Act and 6000 tablets containing pseudoephedrine hydrochloride, a controlled substance under the Act - Over and..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 438 -- Complaint u/s 138 NI Act and u/s 420 IPC - Proceedings for recovery also initiated - Since remedy for recovery having been availed against petitioner, he can be granted pre-arrest bail - Pre-arrest bail granted...........
