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..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Dispute has traits of a civil dispute - Complainant cannot allege cheating or criminal breach of trust against petitioner on basis of agreement to sell - In fact petitioner was never a party to said agreement to sell - Application held, allowed subject to..........
Criminal Procedure Code, 1973, Section 438 -- Challan not filed even after a lapse of 01 year and 5 months since the date of registration of FIR - It is a fit case for grant of interim anticipatory bail due to inordinate delay in filing challan - Interim bail granted till next date of hearing...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 438 -- Abetment of suicide - Anticipatory bail - Accused having a fight with deceased - Cannot be taken as abetment to deceased to commit suicide - Moreover, counsel for the State has not disputed that except ligature mark qua hanging, there are no other injuries found on the body of deceased -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Murder case - Petitioner is evading his arrest for last more than 2 years - He did not appear even after dismissal of his first anticipatory bail application - Innocence of petitioner is yet to be proved before competent Court -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 504, 34, Information Technology Act, 2000, Section 66(E), 67 -- Anticipatory bail - Cruelty - Posting and uploading nude photographs of wife by husband in public domain, attracts offence u/s 498-A IPC, as it is striping off a woman in public by husband himself - Anticipatory bail denied to..........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - S.82 Cr.P.C neither creates any riders nor imposes any restrictions in filing of anticipatory bail by Proclaimed offenders...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Anticipatory bail - Rape - Conduct of victim accompanying accused to her bedroom without any resistance and subsequently without any reasons running away to forest from safe custody of her maternal uncle and staying..........
