Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Anticipatory bail - Contraband - 35 bottles of manufactured drug of 100 ML content each containing a narcotic substance Codine phosphate in mixture came to be recovered and seized from him - Alleged recovered drug falls within an ambit of small..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(b), 27(a), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Contraband - Petitioner was granted interim bail and directed to join investigation - He has joined investigation and he is not required for custodial interrogation - Without commenting on merits of case, interim bail..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 319, 318(4), 336(2), 340, 61(2) -- Anticipatory bail - Cheating - Petitioner has already joined investigation - Though it is mentioned in status report that custodial investigation of petitioner is required for conducting further investigation, however, I.O. not able to explain as..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 108 -- Anticipatory bail - Abetment of suicide - Relevant issues are still to be examined by trial Judge after completion of investigation - No substantial material appears at this stage which requires to be recovered from the possession of petitioner, such as weapon etc. -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Prosecution has not presented any incriminating evidence linking petitioner to alleged offence - Plea of petitioner regarding cheques being handed over which subsequently got dishonoured, matter falls under S.138 of the Act - Petitioner has..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 75(1) -- Anticipatory bail - Offence u/s 75 of BNS - Serious allegations made against petitioner in FIR - However, petitioner also filed a complaint against de facto complainant - No investigation has been conducted by I.O. on said complaint - When certain materials are produced..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 147, 504 -- Anticipatory bail - Abetment of suicide - Allegation against applicants are false and misconceived and informant is willing to settle the dispute - There is thus, no material or evidence with prosecution in respect of overt act of applicants instigating deceased to commit suicide..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 493 -- Anticipatory bail - Rape - Charge sheet has already been filed - Without commenting on merits of case, anticipatory bail granted to accused subject to the condition that he shall continue to co-operate with investigation...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 403 -- Order dismissing anticipatory bail application - Review/recall of order - Anticipatory bail application dismissed due to an incorrect statement made by a police official - Accused cannot be made to suffer due to an error committed by a police officer nor can they be penalised for administrative exigency..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 10(1), 115(2), 126(2), 190, 191(1) -- Anticipatory bail - Attempt to murder - Prima facie attack on complainant was unprovoked and carried out by all the accused in concert including petitioner - Though petitioner was not named in the FIR, his presence at the scene of crime is..........
