Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 34, 511 -- Anticipatory bail - Offence u/ss 420, 467, 468, 471 read with Ss.34 & 511 - FIR lodged in 2008 - No action taken against appellant despite rejection of his prayer for anticipatory bail - No allegation of non co-operaton in the investigation - Held, in the event of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail in a murder case - FIR against petitioner and his brother - Deceased died of Danda blow which was attributed to brother of petitioner - Custody of petitioner not required - Concession of pre-arrest bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4, 18 -- Anticipatory bail - Informant belongs to Scheduled Caste - Allegation leveled by informant that it were only petitioners `B' and `U' who had insulted and intimidated by calling her "Dusadhin"..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Anticipatory bail - Offence u/ss 420, 465, 467, 468, 471 & 120-B IPC - Accused joined investigation and has given his specimen handwriting in Court - Custodial interrogation not required - Pre-arrest bail granted till filing of report u/s 173 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 120B -- Anticipatory bail - Offence u/ss 406, 420, 467, 468, 471 & 120-B IPC - Case based on documentary evidence - Custodial interrogation not required - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 438 -- Interim order - Since provision of anticipatory bail does not exist in U.P. as such in appropriate cases interim bail should be granted pending disposal of the final bail application, since arrest and detention of a person can cause irreparable loss to a person's reputation - Moreover, arrest is not a must in all cases of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 323, 506, 120B -- Rape by father in law - Anticipatory bail - Victim raped for long time - Daughter born - Husband mentally and physically unfit to perform sexual inter course - Both victim and accused ready to undergo DNA test - pre-arrest bail granted till DNA report is received...........
Criminal Procedure Code, 1973, Section 438, 439(2) -- Anticipatory bail - Cancellation - Bail cannot be cancelled merely on the ground that a particular offence in addition to offences already registered had been added during investigation - Order of cancellation of bail set aside - Bail restored...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Number of complaints against petitioner for indulging in demand and receiving a sum of Rs.200/- per consumer while providing electricity connection - Plea that it is not duly of petitioner to provide electric connection may be a good defence and ground for seeking concession of regular bail but not a ground..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Investigation almost complete and challan likely to be presented - Petitioner no longer required for custodial interrogation - Anticipatory bail granted upto the date of the presentation of challan whereafter accused would be required to seek regular bail from the trial Court in accordance with law...........
