Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 506, 34 -- Bail - Attempt to murder - Accused were arrested on 26.03.2022 in connection with crime and since then they have been in judicial custody - Injured was also discharged from hospital - Nine material witnesses also examined in the case - There is considerable progress in the..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376AB, 506, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Default bail - Rape - Non-filing of FSL report with challan does not make the challan incomplete, as for an offence of sexual assault, final report would be complete on statement of prosecutrix u/ss 161, 164 Cr.P.C..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Anticipatory bail - Rape - Accused not only violated trust of First informant but her minor daughter also - He also had certain unsolicited video clips and he threatened to viral it and blackmailed victim and her..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354A, 451, 506, 511 -- Bail - Rape - Offences in question not punishable with death sentence or imprisonment for life - There is thus, no legal and statutory bar to grant bail - Even otherwise, offences in question are serious in nature and against society cannot be the sole reason for..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 307, 323, 324, 354, 147, 149, 506 -- Juvenile - Bail - Murder - Juvenile is below 18 years of age and has no criminal history - Role of juvenile and adult co-accused who is already granted bail having identical role - There is no justification to hold juvenile..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 148, 149, 323, 342, 506, 307, 302 -- Bail - Offence u/ss 148, 149, 323, 342, 506, 307, 302 IPC - Provision of S.12 of the Act had not even been considered and it was not even remotely observed therein that case of appellant is covered by any one of exceptions -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376D, 354A, 354D, 452, 506, 34 -- Bail - Rape - Allegation of rape is against co-accused - It was co-accused who entered the house of victim on the date of incident and petitioner remained outside the house - Petitioner has been behind the bars since 2.4.2021 - Bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 506, 120B -- Anticipatory bail - Cheating - Entire case is based on documentary evidence - Moreover, loan has already been repaid by main co-accused - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 323, 506, 307, 325 -- Bail - Offence u/ss 147, 148, 149, 323, 506, 307, 325 IPC - As per version of co-accused, petitioner had not been mentioned in complaint to be one of the persons, who had participated in incident - Question as to whether, as per medical opinion, S.307 IPC is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 341, 324, 147, 148, 149, 427, 504, 506 -- Bail - Double murder case - Accused is a history sheeter and is having criminal antecedents - He is involved in double murder of having killed the father and brother of informant - Trial of cases is at the crucial stage of recording evidence..........
