Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Petitioner was aged about 14 years 2 months and 6 days at the time of incident - No criminal antecedent of petitioner has been found in report of Probation Officer - Grant of bail to another juvenile in same case as well as grant of bail to co-accused who have been implicated..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Granted with condition to deposit Rs.22 lacs - Accused himself volunteered to deposit the said amount - However, even if accused himself had undertaken to make payment, such undertaking could not have weighed in the mind of High Court to decide the question of grant of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Bail - Rape - No allegation of rape against accused - Only allegation made against him is of making video of occurrence when other two accused were committing rape upon prosecutrix - Moreover,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Pre-condition of furnishing Bank Guarantee is unsustainable - Accused to furnish bail bond instead of bank guarantee...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Kidnapping - Victim has clearly exonerated accused and even her brothers have stated nothing against accused in their statements during the trial of case - Prima facie accused has been able to rebut the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Seriousness of an offence - Not a ground to curtail personal liberty of an under trial for an indefinite period...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Imprisonment cannot be prolonged only for purpose of teaching accused a lesson - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Charge sheet has already been filed and no recovery is required to be made from accused who is in custody since 2020 - Examination-in-chief of victim has already been recorded - There are 23 witnesses cited by prosecution and it..........
Criminal Procedure Code, 1973, Section 438(4), Indian Penal Code, 1860, Section 376(2)(f), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3(b), 4(2), 9(1)(n), 10 -- Anticipatory bail - Maintainability - Rape - Allegations constituting the offence u/s 376(3) IPC can be found in the form of various statements made by victim before Magistrate -..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Challan presented without FSL Report - FSL Report not even filed on 180th day - Challan will be deemed to be an incomplete one - Bail granted...........
