Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 34, Arms Act, 1959, Section 25 -- Bail - Snatching - There is no allegation against petitioner qua directly being involved in the incident of snatching as such - Petitioner is in custody since 17.07.2023 - Without considering the merits of case, accused ordered to be released on bail...........
Indian Penal Code, 1860, Section 498A -- Cruelty - General allegations of demand of dowry - No specific date mentioned as to on which date demand was made - Present case was filed after complainant was released on bail in a case for attempting to commit murder of her father-in-law - Offence u/s 498-A IPC not made out against accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 419, 120B, Prevention of Corruption Act, 1988, Section 7, 13(1)(a), 13(2) -- Anticipatory bail - Cheating - Proclamation u/s 82(1) Cr.P.C issued against accused - However, nothing on record to indicate that proclamation has been published as provided u/s 82(1) Cr.P.C - In the absence of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Probative value of material which is on record along with charge sheet cannot be considered at the stage of consideration of bail application...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Deceased/wife was staying separately from accused/husband from 2021 and had been taking treatment for anxiety and depression - Demand of dowry was not stated to be a stressor or trigger for her said medical issues as shared by her with treating doctor - Moreover,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Numerous complaints - One bail order cannot be applied to all other subsequent cases...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 474, 411, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Numerous complaints were filed by depositors and others who were cheated throughout country - Most of complaints have been given subsequent to case registered..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 67A -- Anticipatory bail - Rape - Whatsapp screen shot between accused and victim shows that victim voluntarily went to hotel knowing very well that accused along with co-accused were there in the hotel - Sex they had at the hotel was consensual in nature - Receipt of payment of Rs.5000..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Proclaimed offender not entitled to anticipatory bail - However, in an exceptional and rare case, Supreme Court or High Court can consider plea seeking anticipatory bail, despite the applicant being a proclaimed offender, given that Supreme Court and High Courts are Constitutional Courts...........
