Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37 -- Bail - Recovery of 255 gms heroin - Commercial quantity - Accused already approached High Court on two earlier occasion and one petition was withdrawn by him and other was dismissed - There has not been any change in circumstances even since dismissal of such..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149, 504, 114 -- Bail - Honour killing - Out of 12 charge-sheeted accused 10 have been granted bail - Petitioner's petition dismissed 2 times - Cases involving honour killing requires fast track investigation - Before granting bail Court is directed to deal with facts and..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Application for bail filed before JJ Board dismissed - Accused filed application u/s 439 Cr.P.C, instead of filing of appeal before Sessions Judge - However, not availing of such alternative remedy does not bar independent statutory remedy of filing of petition u/s 439 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Juvenile - Recovery of 270 gms heroin - Rigors of S.37 of NDPS Act are not applicable to the case in view of non-obstante clause in S.12 of JJ Act - No material furnishing reasonable..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 17 -- Bail - Kidnapping - Sexual assault - Victim was subjected to medical examination, but no injury was found on person of victim - Victim had been calling accused for number of times everyday - Allegation..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 376, 511, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Interim bail - Medical ground - Rape case - Accused was given treatment in super specialty hospital - No shortcomings were found in medical treatment offered to accused, which could have been basis for..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Materials relied upon by prosecution whether admissible in evidence, is a matter to be decided at the time of trial - As regarding extra judicial confession alleged to be given by accused after about 17 years of alleged incident, is to be decided by trial Court at..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 384, Information Technology Act, 2000, Section 66D -- Bail - Offence u/s 384 IPC, S.66-D of I.T Act - Allegation in FIR is that in whatsapp, a message was posted making allegation against informants that they are members of a gang involved in theft of children - Applicant is said to be group admin..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 149 kg, Ganja from 19 packets - Representative samples not drawn from all the 19 packets - There is non-compliance of procedure of sampling provided under standing order which has statutory force and therefore, accused may not be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 274, 275, 420, Drugs and Cosmetics Act, 1940, Section 18(a)(i), 27 -- Bail - Offence u/ss 274, 275, 420 IPC and Ss.18(a)(i), 27 of Act of 1940 - Considering facts and circumstances of case, larger mandate of Art.21 of Constitution and without expressing any opinion on merits of case, applicant be..........
