Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(2)(v), Indian Penal Code, 1860, Section 376(2)(n), 506, 354(A)(1)(i), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rape - Specific case of victim is that she was subjected to rape after giving her a cake and a bottle of water by accused and later she felt..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Specific conditions as stipulated u/s 37 of NDPS Act for purpose of granting bail, cannot be ignored by Court while exercising power u/s 439 Cr.P.C, merely because some time elapsed since the date of arrest of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 140 kg Ganja - Accused was found driving vehicle at the relevant time and in the said vehicle contraband article in huge quantity of 140 kg was found concealed - Since such quantity makes out a voluminous package, it would..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Even if custodial interrogation is not required or necessitated by itself cannot be ground to grant anticipatory bail...........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - A material change in fact situation or law is sine qua non for a second application for pre-arrest bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Second anticipatory bail application - Rape - Accusation made against accused is very serious in nature and it prima facie shows a pre-mediated criminal act on his part - There is no change in any of the circumstances - Fact that victim and her husband has filed certain complaints..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - A person in judicial or police custody in some other offence - No bar in entertaining and deciding an application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471 -- Anticipatory bail - Cheating - Charge sheet has been filed without arrest of accused - Interim protection was granted to accused and there are no allegations that during period of interim protection she ever tried to influence the witnesses or temper with evidence - Bail..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Suppression of material fact that in an earlier anticipatory bail application High Court has given liberty to file regular bail application - Present anticipatory bail application dismissed as legally not maintainable which is moved with suppression of material facts...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - On parity basis - Parity is a relevant consideration while granting bail to persons accused of similar charges but principle of parity is not attracted for rejection of bail applications...........
