Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Bail - Kidnapping - Prosecutrix in her statements recorded u/ss 161, 164 Cr.P.C have not supported prosecution case - No medical evidence to support prosecution case - Ingredients of offence u/s 363 IPC not..........
Criminal Procedure Code, 1973, Section 439 -- Bail - No need of further custodial trial - Not a relevant aspect while considering bail application - Same may have some relevance while considering application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Charge sheet already filed - Whatever material has been collected during investigation was required to be considered by Court while considering application u/s 439 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 328, 120B -- Bail - Rape - High Court while allowing bail application has not taken into consideration relevant aspects which are required to be kept in mind - Considering fact that charge sheet has already been filed, accused is already charge sheeted and relevant material is also now a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape of 14 years old girl - Delay in lodging FIR - Mere delay in lodging FIR will not help accused in their prayer for bail - Keeping in view age of victim and she having been allegedly put into fear of life,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape of 14 years old girl - Offences alleged against accused are of serious and heinous nature - No plausible reason has been made out at this stage to cast any doubt on prosecution story - Investigation of case..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Absconder/proclaimed offender in terms of S.82 Cr.P.C is not entitled to relief of anticipatory bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Second and successive anticipatory bail application - Not maintainable...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 27(a), 37 -- Bail - Trial is expected to take a long time and is not going to conclude in future - Therefore, by S.37 of the Act accused is not precluded from claiming bail invoking parameters of Article 21 of the Constitution of India - Bail granted...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cannot be ordered merely for any perceived indiscipline on the part of accused before granting bail...........
