Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, 15, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Offence under SC/ST Act - Anticipatory bail - Impleadment of victim/dependent/de facto complainant - When an accused in a case under SC/ST Act takes out an application for grant of anticipatory..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Offence under SC/ST Act - Anticipatory bail - Accused has to file a petition along with annexures containing all necessary and relevant materials - Only after judicial scrutiny of those materials..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Offence u/s 3 of SC/ST Act - Anticipatory bail - Complaint against petitioners that they abused complainant by referring to her community is false and mala fide - Complainant appears to be habitual..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 346, 506, 34 -- Bail - Offence u/ss 376, 346, 506, 34 IPC - Medical report does not support the case of prosecution - Even, trial is not likely to be concluded in near future - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 114, 506, 120B -- Bail - Rape - Despite availing 9 opportunities by prosecution, prosecutrix has not come forward to depose in the case - It is appears that prosecutrix is intentionally delaying trial and for this reason, petitioner cannot be allowed to suffer - Moreover, FSL report in case..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 2604 gms alprazolam - Recovery effected from house of co-accused `G' and three other co-accused were arrested alongwith `G' at the spot - Even, co-accused `T' stated that petitioner was also present at spot and had left it before he raid -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 120B -- Bail - Rape - As per allegations, it is highly improbable to accept on the face of it that petitioner, in the presence of his parents and sister has done so - Even, there is no medical evidence to support allegations which have come belatedly - Moreover, it is highly improbable..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 304B, 34 -- Bail - Offence u/ss 302, 498-A, 304-B, 34 IPC - Deceased died because of hanging after more than 5 years of marriage - Postmortem report nowhere indicates any injury on her person, which is sufficient to establish that she died because of hanging - Even, attached medical..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326 -- Anticipatory bail - Offence u/s 326 IPC - Victim suffered fracture on left hand as a result of beating using a firewood piece - Offence would come within ambit of grievous hurt as per S.320 IPC which is punishable u/s 325 IPC and not serious non-bailable offence u/s 326 IPC - More so,..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 25 injections of bonogesic (buprenorphine) each containing 2 ml - Petitioner is in custody for over 1 year and 9 months and not involved in any other case - Conclusion of trial is likely to take some time - Bail..........