Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 324, 323, 326, 34 -- Anticipatory bail - Offence u/ss 324, 323, 326, 34 IPC - Appellant has co-operated with I.O. as and when called upon to do so - Custodial interrogation of appellant is no more required - Anticipatory bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Contraband - Contraband involved consists of 13.288 kilograms of ganja, which is classified as non-commercial quantity - Specific allegations against petitioner were made by co-accused in their confessional..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 511, 343, 419, 506, 120B, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2)(va) -- Anticipatory bail - Offence u/ss 307, 511, 343, 419, 506, 120B, 34 IPC and Ss.3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act - There is only one alleged..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 483 -- Anticipatory bail/bail - Whenever a Court considers an application for anticipatory bail/bail, it is a composite order and one portion cannot be segregated from the other...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Court after granting anticipatory bail directed that petitioner be taken into custody upon submission of charge sheet - Court could have just left it open for trial Court to consider the matter upon petitioner appearing and then taking a call without there being any mandamus issued to take him..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Anticipatory bail - Contraband - 35 bottles of manufactured drug of 100 ML content each containing a narcotic substance Codine phosphate in mixture came to be recovered and seized from him - Alleged recovered drug falls within an ambit of small..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(b), 27(a), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Contraband - Petitioner was granted interim bail and directed to join investigation - He has joined investigation and he is not required for custodial interrogation - Without commenting on merits of case, interim bail..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 319, 318(4), 336(2), 340, 61(2) -- Anticipatory bail - Cheating - Petitioner has already joined investigation - Though it is mentioned in status report that custodial investigation of petitioner is required for conducting further investigation, however, I.O. not able to explain as..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 108 -- Anticipatory bail - Abetment of suicide - Relevant issues are still to be examined by trial Judge after completion of investigation - No substantial material appears at this stage which requires to be recovered from the possession of petitioner, such as weapon etc. -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Prosecution has not presented any incriminating evidence linking petitioner to alleged offence - Plea of petitioner regarding cheques being handed over which subsequently got dishonoured, matter falls under S.138 of the Act - Petitioner has..........
