Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Application for grant of bail to a child apprehended or detained by police will be entertained by JJ Board u/s 12 of the Act - Application u/s 439 Cr.P.C before Children's Court is not maintainable...........
Indian Penal Code, 1860, Section 380, 457, 201, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 380, 457, 201, 34 IPC - Petitioner admitted the factum with regard to theft committed by him in the house of complainant - Challan stands filed in Court and nothing remains to be recovered from petitioner - Petitioner is behind bars for last eight months..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Default bail - Attempt to murder - Charge sheet not filed within 90 days as stipulated - Provision u/s 167(2) Cr.P.C comes into play - Accused entitled to grant of compulsive/default bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 20 kg ganja - 20 kg Ganja does not come within definition of commercial quantity as per Central Government's notification - As recovery is less than commercial quantity and greater than smaller quantity,..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Plea of false implication and delay of about 7 months in approaching police are not much relevant while deciding a petition for grant of pre-arrest bail, as such grounds may have some merit and significance while determining guilt of accused during trial...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354A -- Anticipatory bail - Rape - Allegation against petitioners are very grave and serious of molesting complainant for a long time and then committing rape upon her several times and on one occasion getting such acts of forcible sexual intercourse photographed by his wife - Plea of alibi..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Murder - Applicants not named in FIR - He has clean antecedents - Applicant is in jail since 12.3.2020 - They are ready to cooperate with process of law and shall faithfully make themselves available before Court whenever required - There is no likelihood of early conclusion of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 11 strips of Parvan Spas Plus Capsules (each strip of 10 capsules), 33 loose capsules of Parvan Spas Plus, one strip (eight capsules) of Pyeeon Spas Plus, two strips (each strip of 10 capsules) of Tramadol, 16 strips (each strip of 15 capsules)..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 465, 466, 471, 114 -- Bail - Offence u/ss 465, 466, 471, 114 IPC - Accused is in custody since 13.7.2020 - He has no criminal antecedents - Charge sheet already filed - Keeping in view facts of case, nature of allegations, gravity of accusation, availability of accused at the time of trial etc...........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 439 -- Bail - Gang rape - Petitioner was out of reach of police for about 27 years - He was in the same area and avoided his arrest and managed affairs in such a manner for 27 years - Petitioner was declared PO and was arrested in 1990 - There is possibility that petitioner had been..........