Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Kidnapping and sexual assault - Applicants are parents of A-1 - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(D), 377, 342, 323, 506, 34, Information Technology Act, 2000, Section 66D -- Bail - Gang rape - FIR in question lodged by complainant is 6th in line and after that her son also lodged FIR against accused - However, accused is granted bail in almost in all the matters - There is indeed a..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence; (b) It is..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Material on record disclose a deep rooted conspiracy to extort politicians by luring them with women and money - Offences of conspiracy and extortion not added to FIR, as materials collected during investigation disclose a much more serious offence than what is portrayed in FIR - Considering gravity of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 504, 506(2) -- Anticipatory bail - Offence u/ss 504, 506(2) IPC - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail granted to accused with conditions - Despite order granting anticipatory bail, it would be open for..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Gravity alone is not the decisive ground to deny bail - Competing factors are required to be balanced by Court while exercising its discretion...........
Indian Penal Code, 1860, Section 302, 304(Part I), 323 -- Nature of offence - Incident occurred due to sudden quarrel between parties - Accused acted without premeditation by using tools which were at the spot for carrying on construction - Single injury found on the head of deceased and assault on the deceased was not with such force to cause multiple injuries - Accused..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by Court while exercising its discretion...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Irrespective of nature and gravity of charge, precedent of another case alone will not be basis for either grant or refusal of bail though it may have a bearing on principle...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Gravity alone not a decisive ground to deny bail - Competing factors are required to be balanced by Court while exercising its discretion...........
