Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, Scheduled Cites and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Anticipatory bail - Rape case - Prosecutrix stated that petitioner No.2 not only committed rape upon her but also committed offence u/s 3 of 1989 Act - However, petitioner No.1 is the husband of maternal..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Expression "may it thinks fit" occurring in S.438(1) Cr.P.C. gives discretion to Court to exercise the power in a particular case or not, and once such a discretion is there merely because accused is charged with a serious offence may not by itself be the reason to refuse the grant of anticipatory bail if..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 376 IPC - Prosecutrix moved an application in the proceedings that accused committed breach of conditions of anticipatory bail and regular bail - It is not necessary to go into the allegations made in the application - Prosecutrix would be at liberty to make such application before trial Court..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 376 IPC - Allegation of rape pertaining to the period almost 17 years ago in the year 2001 - No charge framed u/s 376 IPC in the year 2001 - Even prosecutrix did not take any steps for almost 9 years and charge u/s 376 IPC added only in the year 2014 - Merely because charge u/s 376 IPC added..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Expression "may it thinks fit" occurring in S.438(1) Cr.P.C. gives discretion to Court to exercise the power in a particular case or not, and once such a discretion is there merely because accused is charged with a serious offence may not by itself be the reason to refuse the grant of anticipatory bail if..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 376 IPC - Prosecutrix moved an application in the proceedings that accused committed breach of conditions of anticipatory bail and regular bail - It is not necessary to go into the allegations made in the application - Prosecutrix would be at liberty to make such application before trial Court..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 376 IPC - Allegation of rape pertaining to the period almost 17 years ago in the year 2001 - No charge framed u/s 376 IPC in the year 2001 - Even prosecutrix did not take any steps for almost 9 years and charge u/s 376 IPC added only in the year 2014 - Merely because charge u/s 376 IPC added..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Bail - FIR lodged after delay of 35 days with no explaination - Charge sheet has been filed and there is no allegation that petitioner has misued the interim bail which has been granted to him - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 294, 504, 506, 354A, 354D -- Anticipatory bail - Offence u/ss 294, 504, 506, 354-A, 354-D IPC - Version as set forth by complainant prima facie belied by report of FSL - There is no likelihood of accused fleeing from justice - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Rape - Anticipatory bail - Promise of marriage - On the basis of records, it cannot be said that accused would in any manner interfere with the trial of the case and it is not even the allegation of prosecution that accused would flee from justice - In such eventuality, it is otherwise open..........
