Criminal Procedure Code, 1973, Section 439 -- Bail - At the time of considering an application for bail High Court would not be required to launch into a detailed enquiry into facts which have to be determined in the course of trial - However, an application of mind by High Court to rival submissions is necessary...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Demand of dowry - Prima facie there are serious allegations in FIR in regard to harassment suffered by deceased in close proximity to her death over demands for dowry by accused - Order granting bail..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Ten eye witnesses categorically stated that accused came in motorbike and assaulted deceased with two weapons - Question of showing any sympathy to accused in respect of his family background is thus, not warranted - If accused is granted bail, there is every possibility of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 85 -- Bail - Contraband - Accused is a habitual offender - FIR registered against accused while he was on bail in respect of another case registered under NDPS Act - Accused again indulged himself in similar activities violating provisions of NDPS Act - He has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 328, 506 -- Bail - Rape - Allegation against father-in-law that he after giving some tablets which made prosecutrix unconscious did a wrong act with her and made objectionable videos and clicked her photographs - Issue with regard to contradiction of statement u/s 164 Cr.P.C and deposition..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406 -- Bail - Cheating - Main accused have been granted bail - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Live-in-relationship between parties - Both the parties are actually in their mid to late 30s - Only allegation of prosecutrix is that accused continued to have physical relationship with her on pretext of marriage - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 341 -- Bail - Appeal against order granting bail - Offence u/ss 307, 324, 341 IPC - Bail granted to accused on the ground that is in custody for about 75 days without even considering materials on record which prima facie made out reasonable grounds to believe that accused had committed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, Negotiable Instruments Act, 1881, Section 138 -- Interim bail - Cheating - Dishonour of cheque - Accused named as accused in offence u/ss 420, 406 IPC and S.138 of N.I. Act - Trial of case likely to take some time - Accused undertakes to extend full cooperation to trial Court for early..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere fact that accused found innocent in supplementary report filed u/s 173(8) Cr.P.C, charge sheet filed u/s 173(2) Cr.P.C cannot be wiped off, particularly when reports are pending consideration before respective trial Courts - Considering seriousness of offences, fact that specific allegations have been levelled..........
