Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Kidnapping - Victim has clearly exonerated accused and even her brothers have stated nothing against accused in their statements during the trial of case - Prima facie accused has been able to rebut the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Seriousness of an offence - Not a ground to curtail personal liberty of an under trial for an indefinite period...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Imprisonment cannot be prolonged only for purpose of teaching accused a lesson - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Charge sheet has already been filed and no recovery is required to be made from accused who is in custody since 2020 - Examination-in-chief of victim has already been recorded - There are 23 witnesses cited by prosecution and it..........
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 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Challan presented without FSL Report - FSL Report not even filed on 180th day - Challan will be deemed to be an incomplete one - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Extension of time - Challan presented without FSL report - Reason for extension explained in the final report that FSL report had not been received - Provision of S.36-A(4) of NDPS Act insofar as the requirement of a report being made by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for investigation - Mere virtual presence of accused will not serve any purpose if he is not aware of filing of application for extension of investigation and there are no materials to suggest that accused was granted an..........
