Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - De facto complainant submitted that he had no objection if protection u/s 438(2) Cr.P.C. is granted to accused, in case he is permitted to withdraw amount deposited before this Court - He is only interested in getting his money and does not want to prosecute accused - Complainant permitted to withdraw amount..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354D, Protection of Children from Sexual Offences Act, 2012, Section 12 -- Anticipatory bail - FIR was registered u/ss 354-A, 34 of IPC in which petitioners were granted bail - Later S.354-D of IPC and S.12 of POSCO were added - Petitioners whether falsely implicated, is a fact which would be..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Anticipatory bail - Disproportionate assets - Plea of political vendetta - Allegations against petitioner are serious in nature - Petitioner allegedly misused his official position while holding a senior post under Punjab police so as to create vast assets both..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n) -- Anticipatory bail - Rape - Live-i, relationship between parties - Prima facie alleged act of rape was a consensual act between two adult persons - Record indicates that prosecutrix signed documents pertaining to her medical termination of pregnancy at her own will - Applicant deserves..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Recovery of 25 gms heroine - Recovery effected from co-accused - Nothing recovered from petitioner - Moreover, petitioner already joined investigation and he is not required for custodial interrogation - No useful purpose will be served by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Anticipatory bail - Offence u/ss 326, 324, 323, 34 IPC - It is a case of version and cross version and it is to be determined by trial Court on basis of evidence as to who is aggressor party - No useful purpose will be served by sending the petitioner to custody - Bail..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While rejecting bail application, Court neither set out facts of case nor mentioned submissions of counsel appearing for both the parties nor reasoning as to why Court does not consider proper to grant anticipatory bail - Impugned order set aside - Matter remanded back to High Court for deciding bail..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 79, 75, Child Labour (Prohibition and Regulation) Act, 1986, Section 3, 14 -- Anticipatory bail - Child labour - Three victims aged between 12-14 were rescued from the hostel, where petitioners employed them and made them work in a barbaric manner - Victims..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Anticipatory bail - Cheating - Forgery - Criminal conspiracy - Case involves multiple victims and forgery allegedly in respect of documents attributed to government - Large sum of money paid by victims which was transferred to accounts of different persons including..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Anticipatory bail - In the instant case, petitioners supplied all sensitive information to contractor about internal meetings of committee of officers who laid down norms and terms of contract and..........
