Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Victim is employee, matured lady and working in Court and she would know consequences and legal remedies - Instead her keeping quiet for such a long time would make out a case for bail to petitioner - Petitioner is a first offender and one of relevant factors..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 6, 12, 17, Indian Penal Code, 1860, Section 506, 376(2)(N), 323, 328, 406 -- Bail - Offence u/ss 6, 12, 17 POCSO Act and Ss. 506, 376(2)(N), 323, 328, 406 IPC - Prima facie it appears that FIR is registered after much delay - Even, there are 22 prosecution witnesses..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n) -- Anticipatory bail - Rape - False promise of marriage - Victim is a married lady having two kids - There cannot be a promise to marry when victim is in subsisting marriage - Anticipatory bail granted to petitioner with conditions...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Rape - Specific role has been ascribed to both summoned accused by prosecutrix - Strong and cogent material on record before Court to prima facie form the opinion that summoned accused..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Victim solemnized marriage with accused and couple is stated to be residing happily with each other - Male child has also been born from said wedlock - Possibility of conviction is also..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- - Cancellation of bail - Kidnapping and rape - Cancellation of bail sought on the ground that accused was declared proclaimed..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376 -- Summoning of additional accused - Respondent was declared innocent during course of investigation by assigning sufficient and cogent reasons - There is lack of prima facie material, and case stands short of standard of degree of satisfaction which is required to summon respondent as an..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Bail - Rape - Cancellation of bail - Conduct of accused during bail has evoked a bona fide fear in the mind of complainant that she would not get a free and fair trial if he remains enlarged on bail and there is a likelihood of his influencing the material witnesses - Order..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 506II, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, 5(l) -- Third bail application - Kidnapping and rape of 11 years old girl - Prosecutrix categorically stated in her statement that accused abducted and committed rape upon her several..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - FIR lodged against unknown person - Victim left parental home on her own sweet will and had gone with accused and solemnized marriage with him, which is evident from her statement..........
