Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 377, 506 -- Anticipatory bail - Rape - Complainant was in relationship with appellant for a period of four years - Complainant was 21 years of age when relationship started - Now, if the relationship is not working out, the same cannot be a ground for lodging FIR for the offence of rape..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - It is not open to High Court in exercise of powers u/s 438 Cr.P.C to add third parties to proceedings, as if it is invoking powers U.O.1.R.10 CPC much less those parties who are neither necessary nor proper parties to application under consideration...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Inquiry in anticipatory bail application must be limited to facts relevant and applicable to applicant who has come before Court - No attempt should be made to inquire into matters pertaining to some third party much less beyond scope of complaint/FIR in question...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application u/s 438 Cr.P.C is limited to cause of applicant, applying for grant of anticipatory bail in connection with offence already registered against him and apprehending his arrest in connection with such a case for extraneous reasons or otherwise...........
Criminal Procedure Code, 1973, Section 439, 161 -- Bail - Relevancy of statements u/s 161 Cr.P.C. at the time of grant of bail - Statements u/s 161 Cr.P.C may not be admissible in evidence, but are relevant in considering prima facie case against an accused in an application for grant of bail in case of grave offence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 302, 201, 120B, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - While granting bail High Court not considered heinous nature of allegations, gravity of offence alleged and severity of punishment in the event of ultimate conviction - Ex facie the allegations are..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 323, 341, 354, 379 -- Anticipatory bail - Rape - Recoveries in the case are yet to be made - Accused not fully cooperated in the investigation - Considering seriousness of offence alleged, it is not a fit case for grant of anticipatory bail - Order granting anticipatory bail set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 37, Criminal Procedure Code, 1973, Section 439 -- Financing illicit trafficking in contrabands and harbouring offenders - Bail - Diametrically opposite case in the charge-sheet than that alleged in FIR gives rise to serious doubt on the veracity of prosecution case against accused - No interference..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 37, Criminal Procedure Code, 1973, Section 439 -- Financing illicit trafficking in contrabands and harbouring offenders - Bail - No recovery has been made from accused or from any place under his exclusive control - Accused though involved in 53 criminal cases but has not been involved in any NDPS Act case..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Posting an application for anticipatory bail after a couple of months cannot be appreciated - If the main application could not be disposed of for any reason, within stipulated time, relief sought for in interlocutory application shall be considered on its own merits - High Court requested to dispose of..........
