Indian Penal Code, 1860, Section 120, 420, Prevention of Corruption Act, 1988, Section 13(1)(d), Prevention of Money Laundering Act, 2002, Section 44(1)(b) -- Whether, at the stage of considering the prayer for bail, the accused, by invoking Section 91 of the CrPC (Section 94 of the BNSS), can apply to get the documents produced - For discharging the burden under Section..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory Bail - Application directly filed to HC - The Session court`s consistent approach in rejecting the anticipatory bail of co-accused amounts to an extraordinarily justifiable circumstance for accused to directly approach the HC...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Foreigners Act, 1946, Section 14 -- Bail - On parity basis - Contraband - Petitioner was arrested on the disclosure statement of co-accused/his brother, however, after his arrest, said co-accused had got recovered 1 kg of heroin from an empty water..........
Indian Penal Code, 1860, Section 363, 311, 370(5) -- Offence u/Ss.363, 311, 370(5) IPC - Bail - Issue is whether the High Court committed any error in passing various orders releasing the accused persons on bail? - It is established that a court considering a bail application cannot undertake a detailed examination of evidence and an elaborate discussion on the merits of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 306, 498A, 34 -- Bail - Dowry death - Accused and his family members started harassing deceased over dowry on the very next day of marriage by stating that deposit of Rs.7,00,000 brought by her from her parental home would fetch only a small car - Though deceased shifted to her parental..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 85, 80(2), 3(5), Dowry Prohibition Act, 1961, Section 3, 4 -- Second anticipatory bail application - Cruelty - Dowry death - Appellant has a child of 2-1/2 months and she has co-operated with I.O. during course of investigation - Charge against appellant has been filed and her..........
Criminal Procedure Code, 1973, Section 167(2), Official Secrets Act, 1923, Section 3, 4, 5, Indian Penal Code, 1860, Section 120B -- Default bail - Offence u/ss 3, 4, 5 of Officials Secrets Act and u/s 120-B IPC - S.3 of Officials Secrets Act, prescribes maximum punishment up to 14 years - There is no minimum punishment provided under the said provision - Punishment..........
Criminal Procedure Code, 1973, Section 439(2), 438 -- Cancellation of anticipatory bail - Petitioner has failed to produce any cogent material to demonstrate that respondents have acted in contravention of conditions imposed while granting anticipatory bail - Reply filed by State categorically negates the allegations of breach of undertaking or any misconduct on the part..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 70(1), 77, 351(2), 69, 75(1), Information Technology Act, 2000, Section 67A -- Bail - Gang rape - Petitioner has been assigned the role of facilitating the participation of other persons who are accused in the case - There is no possible reason or explanation given by petitioner..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Contraband - Contraband involved consists of 13.288 kilograms of ganja, which is classified as non-commercial quantity - Specific allegations against petitioner were made by co-accused in their confessional..........
