Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Interim bail - Court is to decide the bail application on its own merits rather than to keep the matter pending by extending interim bail and insisting on upfront deposit...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Grounds of arrest were not given to applicant at the time of arrest - Fundamental right of applicant u/arts 21, 22(1) of Constitution has been violated and thus his arrest and subsequent remand being illegal stands vitiated - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Embargo u/s 37 of the Act comes into play when liberty from custody is sought, not when accused is merely securing appearance pursuant to summons...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Mere fact that alleged incident occurred during period of Covid-19 pandemic cannot by itself be ground to presume that offence could not have been committed or to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Testimony of victim is not warranted at the stage of consideration of bail, a prima facie assessment of same is permissible, particularly, when testimony has already..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Testimony of victim - Where a minor has herself come forward and consistently disclosed abuse, Court is duty bound to accord due weight to her version while..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Prosecutrix was about 12 years of age at the time of incident - She alleged that accused had repeatedly committed aggravated penetrative sexual assault upon her, video..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Interim bail - Sought on ground of ill health of wife - Murder - Mere illness of a family member particularly when condition is under control and improving does not constitute an exceptional circumstance warranting grant of interim bail in case involving heinous offences - Application dismissed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory bail - Offence under SC/ST Act - Grant of anticipatory bail is barred and bar would apply when prosecution materials prima facie show commission of offences under SC/ST Act - However, bar u/s 18 of SC/ST Act is not..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory bail - Offence under SC/ST Act - Defacto complainant is a known person to accused and therefore, he named assailants by disclosing their name with certainty and therefore, knowledge of caste identity of defacto..........
