Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Common intention - Role assigned to accused is merely that he caught and hold deceased to detain him during incident - Act of accused was deemed to have been committed by all accused in furtherance of common intention to murder deceased and he shall be deemed to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Prima facie case against accused is established - Incident occurred in day light and witnesses are neighbouring, naturally residing in locality knowing both accused and complainant - Presence and identification of accused is probable - Role of accused cannot be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376 -- Bail - Kidnapping and rape - Victim in her statement u/s 164 Cr.P.C corroborated stand of accused - Statement recorded u/s 164 Cr.P.C stands on a much superior pedestal in comparison to information which formed the basis for S.154 Cr.P.C - There is thus, absolutely no justification to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376 -- Bail - Kidnapping and rape - Court granted bail to main accused - Role of co-accused is that they helped victim in bringing her in their vehicle to home of main accused - Since Court is granting bail to main accused, there is no justification to deny bail to co-accused - Bail granted..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Bail - Recovery of 950 gms charas - Accused is not having any criminal history - Keeping in view facts and circumstances of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 120 gms Alprazolam - Bail - Recovery effected from possession of accused is slightly more than commercial quantity - Accused is not having any criminal history - He is in jail since 6.2.2021 - There is no likelihood of early conclusion of trial..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, U.P.Excise Act, 1910, Section 63 -- Bail - Illegal transportation of 1100 boxes of liquor - Accused is driver of truck - Taking into account facts and circumstances of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 188, 147, 148, 153, 323, 505, 435, 120B, 34 -- Bail - Murder - Prima facie no material is available with prosecution from statements of eye witnesses or video clips of mobile phones to show that petitioners were part of mob which caused unlawful activity at Gali No.1 resulting in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366A, 376, 370, 342, 34, Prevention of Women from Domestic Violence Act, 2005, Section 6 -- Bail - Kidnapping and rape - Material contradictions were found in statement of prosecutrix recorded u/s 161 Cr.P.C on various dates and also her statement before doctor recorded in MLC - Prosecutrix was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 20.5 kg Ganja Patti - Bail - Petitioner is behind bars since last about 9 months and is not stated to be involved in any other case - Bail granted to accused particularly on basis of parity, as co-accused have already been granted bail...........
