Criminal Procedure Code, 1973, Section 439, 438, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10, 11(i), 12 -- Bail - Sexual assault - Tutoring a victim at the hands of parents, especially when victim is a child, cannot be ignored even while considering an application for regular bail or pre-arrest bail...........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10, 11(i), 12 -- Anticipatory bail - Sexual assault - Accused is maternal uncle of victim - No criminal antecedents against accused - Victim stated that there were others in the house on the date of incident and victim and complainant continued to stay in the..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Peremptory direction against third party which goes to his very livelihood and that too, without even issuing any notice to the appellant is clearly unjustified - Such direction vacated...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - No condition imposed while allowing anticipatory bail to accused that in future accused will not involve in any other criminal case - Therefore, it cannot be said that accused has violated any condition imposed by Court - Application u/s 439(2) Cr.P.C for cancellation of bail rejected...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15C, 29 -- Bail - Recovery of 125 kg poppy husk - Accused is in custody for last 9 months and 19 days and he is not involved in any other case - Custodial interrogation of accused is not required and conclusion of trial will take some time - Accused thus, directed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Bail - Kidnapping and rape - Prosecutrix was aged only about 14 years and 6 months at the time of incident - Contention that age of prosecutrix has not been correctly assessed by investigating agency can be duly..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17, 27A, 85 -- Anticipatory bail granted by High Court - Contraband - Plea of State that accused is a habitual offender - High Court fell in error in granting anticipatory bail to respondents - Impugned order set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - At the stage of examining an application for bail in the context of S.37 of the Act, Court is not required to record a finding that accused is not guilty...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Length of period of his custody or fact that charge sheet has been filed and trial has commenced are by themselves not considerations that can be treated as persuasive grounds for granting relief to accused u/s 37 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 50,000 Tramadol table weighing 20 kgs. - Bail - NCB specifically stated that it was disclosures made by accused that had led NCB team to arrive at and raid godown of co-accused, which resulted in recovery of large haul of different psychotropic..........
