Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Embezzlement of money - Investigation at crucial stage - If bail allowed petitioner will not only hamper the same and there is every likelihood that petitioner will influence the witnesses who are from the same institution - Bail rejected...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 342, 149, 384, 511, 506 -- Anticipatory bail - Offence u/ss 341, 342, 149, 384, 511, 506 IPC - Specific allegations against petitioner that he organizing Dharnas/Demonstrations etc. outside the school premises regarding hike of fee structure - Various other educational institutions have..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376, 343, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11(5), (12), 17, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Anticipatory bail - Kidnapping and rape - Prosecutrix not supported prosecution case - Co-accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 326, 379B, 324, 325, 341, 506, 148, 149 -- Anticipatory bail - Offence u/ss 307, 326, 379-B, 324, 325, 341, 506, 148, 149 IPC - Allegations prima facie indicating a brutal attack on complainant resulting in multiple grievous injuries with sharp edged weapons at the hands of present accused or..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 498A, 406, 420, 120B -- Anticipatory bail - Bigamy - Husband performed second marriage during subsistence of first marriage - There are no criminal antecedents against husband except present case - High Court not justified in dismissing application of husband only on the basis of petition..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rejection of petition u/s 482 Cr.P.C. seeking quashment of FIR does not ipso fact operates as an embargo for grant of anticipatory bail to an individual...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - If Court feels that custodial interrogation of accused is essential and without which investigation may held up, discretion can be exercised for denial of anticipatory bail to accused...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Court have power to grant anticipatory bail even in cases where cognizance has been taken or charge sheet has been filed - Issuance of arrest warrants cannot circumscribe the power of Court for favorable consideration of bail application if grounds set out therein are substantial for grant of bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Defalcation and misappropriation of public money - No direct insulation of crime against petitioners - There is not even any whisper in any of FIR's about loss to exchequer as most of payments are not made - Shifting of work from one construction site to another is specific allegation against accused -..........
Criminal Procedure Code, 1973, Section 438(3) -- Anticipatory bail - Magistrate taking cognizance of offence should not issue no, bailable warrant in first instance against accused, who had been granted relief u/s 438 Cr.P.C., even if Magistrate decides to issue warrant at the first instance...........
