Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 409, 467, 468, 471 -- Anticipatory bail - Offence u/ss 409, 467, 468, 471 IPC - Petitioner joined investigation and is not required for any further investigation - Held, without commenting on merits of case, interim bail granted to accused is made absolute - Anticipatory bail granted to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Murder - FIR lodged by brother of deceased after a period of almost 29 years from date of incident - Even in FIR initially there was no allegation of offence u/s 302 IPC and allegations were only for offences u/ss 364, 201, 344, 330, 219, 120-B IPC for which there was an..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail - Cheating - Allegation that petitioners grabbed compensation amount as awarded to complainant in road accident by manipulation, misrepresentation and playing fraud with complainant - Though undertaking was given by accused for payment of amount, but no such payment..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 420 -- Anticipatory bail - Rape - False promise of marriage - Petitioner knowing that victim belongs to SC category and he belong to upper caste and also knowing that his father will not grant permission to marry her, committed rape on her - Specific allegations on record that petitioner took..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 392, 323, 452, 506, 294(b), 34 -- Anticipatory bail - Offence u/ss 392, 323, 452, 506, 294(b), 34 IPC - Material placed on record would sufficiently indicate that accused had intention to intimidate or at least slap him and thus, cause hurt to him and also applying stinging nettle plant over his..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323 -- Anticipatory bail - Cruelty - Refusal on part of husband to take wife back to matrimonial home, indicates that husband did demand dowry and because the same was not met she was turned out of matrimonial home - Bail rejected...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 341, 307, 337, 326, 379, 504, 147, 148, 149, Arms Act, 1959, Section 27 -- Anticipatory bail - Offence u/ss 323, 341, 307, 337, 326, 379, 504, 147, 148, 149 IPC and S.27 of Arms Act - No proclamation and declaration with regard to petitioner u/s 82(4) Cr.P.C that he is an absconder -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354A, 509, Protection of Children from Sexual Offences Act, 2012, Section 12 -- Anticipatory bail - Offence u/ss 354-A, 509 IPC and S.12 POCSO - Victim is a girl who is stated to be less than 18 years - Accused initially did not cooperate with investigation and had absconded - Repeated allegations..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Decision of a Single Judge in a petition for anticipatory bail cannot be brought into question by way of a writ petition...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(v) -- Anticipatory bail - Offence u/s 3(i)(v) of SC/ST Act - Allegation that petitioner danced in tik-tok video with background song composed by deceased 40/45 years ago - However, how mere dancing on tune of a song and preparing a video..........
