Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 20, 21, Criminal Procedure Code, 1973, Section 438 -- Contraband - Anticipatory bail - Nothing was recovered from accused or from alleged house of accused - There is nothing to support case of prosecution even as per assertions of police - Bail application allowed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Second or Successive anticipatory bail applications, due to change of circumstances - First anticipatory bail application rejected by High Court - Second or successive anticipatory bail applications, pointing out change in circumstances, have to be filed before High Court and not before Sessions Court...........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Earlier anticipatory bail application was rejected by holding that arrest, custodial interrogation and recovery of weapon, at the instance of accused, are necessary as such accused is not entitled to anticipatory bail - Said finding is based on materials in the facts of the case and there..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Accused and victim both adult and acquainted with each other - Whatsapp messages prima facie indicate that victim was in constant touch with accused not only after the alleged incident but even after lodging FIR - Prima facie relationship appears to be consensual..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape of 3-1/2 years old girl by her own father - Plea of false allegation - Reluctance on the part of mother of child to produce child before clinical..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Granted with condition to deposit Rs.22 lacs - Accused himself volunteered to deposit the said amount - However, even if accused himself had undertaken to make payment, such undertaking could not have weighed in the mind of High Court to decide the question of grant of..........
Criminal Procedure Code, 1973, Section 438(4), Indian Penal Code, 1860, Section 376(2)(f), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3(b), 4(2), 9(1)(n), 10 -- Anticipatory bail - Maintainability - Rape - Allegations constituting the offence u/s 376(3) IPC can be found in the form of various statements made by victim before Magistrate -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim bail granted at the time of admission of anticipatory bail - Petitioner surrendered in view of interim order and after his arrest, he was released on interim bail - Dismissal of anticipatory bail application as not pressed - Order of interim bail and bond executed thereof stand effaced - Police is..........
Criminal Procedure Code, 1973, Section 437, 438, 439 -- Bail - Bail application qua certain provisions of the offence under IPC - Anticipatory bail application qua offence under other provisions of IPC - This is misuse of process of Court - Accused should apply for bail under all sections and accused cannot be permitted to apply for bail in part, that too firstly getting..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Even if charge-sheet is filed and cognizance is taken by Court against accused, who has got an immunity from being arrested during the course of investigation either by way of order of a competent court protecting him by grant of anticipatory bail or by service of notice u/s 41-A Cr.P.C. by I.O, anticipatory..........
