Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 395, 397, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 379-B, 395, 397 IPC and S.25 Arms Act - Apart from disclosure statement there is no evidence against the petitioner - Even, no test identification parade was conducted - Keeping in view the facts and period of incarceration already..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 341, 34, Arms Act, 1959, Section 25, 3 -- Cancellation of bail - Attempt to murder - Six other criminal cases were pending against petitioner at the time of granting bail - However, said fact not disclosed during course of arguments at the time of grant of bail - Bail cancelled...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/s 25 Arms Act - Allegation of recovery of 2 live cartridge and .32 bore pistol - As petitioner is in custody since 2018 and trial of the case still to take some more time therefore, no useful purpose would be served by detaining petitioner behind bars - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 341, 323, 148, 149, Arms Act, 1959, Section 25, 27, 54 - - Offence u/ss 307, 336, 341, 323, 148, 149 and Ss.25, 27, 54 Arms Act - Complainant who has testified before the Court has became hostile - Out of 20 witnesses only three have been examined - Even, firing was in the air and injury..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 506, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 336, 506, 148, 149 IPC and Ss.25, 27 Arms Act - As per allegations, a gun shot was fired by accused, however, no injury was caused to complainant or anyone else - Moreover, parties have already compromised the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 506, 34, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 307, 506, 34 IPC and S.25 of Arms Act - Complainant and one injured have been examined - Out of two more injured, one is out of country and other is resident of UP and is not coming forward for getting their statements recorded - Bail..........
Criminal Procedure Code, 1973, Section 439, Arms Act, 1959, Section 25(1b)(a), 26 -- Bail - Grant of bail with condition that accused be released after completion of nine months of custody - However, no reason whatsoever furnished by High Court for issuing direction for deferment of bail by a period of nine months - Such direction is unsustainable, thus set aside - Accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 452, 120B, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 302, 307, 452, 120B IPC and S.25 Arms Act - Petitioner has been falsely implicated and only allegation against him is that he was keeping vigil outside but there is no evidence of it and this conclusion has also been drawn from..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Bail - Offence u/s 307, 34 IPC and S.25 Arms Act - Main accused misused petitioner by taking him along on motorcycle on some false pretext - Petitioner was not aware that main accused would commit some crime as alleged in FIR - Motorcycle recovered from..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 148, 341, 216, 149, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 302, 307, 148, 341, 216, 149 IPC and S.25 Arms Act - No recovery effected from petitioner - Even, there is no eye witness account - All material witnesses have been examined - Trial may take time to conclude -..........
