Criminal Procedure Code, 1973, Section 439 -- Bail - Order granting bail in a mechanical manner, without recording reasons, would suffer from the vice of non-application of mind, rendering it illegal...........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering an application for grant of bail, a prima-facie conclusion must be supported by reasons and must be arrived at after having regard to the vital facts of the case brought on record...........
Criminal Procedure Code, 1973, Section 439 -- Bail - It is not necessary for a Court to assign elaborate reasons or engage in a roving inquiry as to the merits of the prosecution's case while granting bail, particularly, when trial is at the initial stages and the allegations against accused would not have been crystalised as such...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 27, 3 -- Bail - Murder - Accusations against accused are not prima-facie wholly false, frivolous or vexatious in nature, so as to justify grant of bail - Prosecution has brought on record adequate material that would prima-facie point towards the guilt of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Second or Successive anticipatory bail applications, due to change of circumstances - First anticipatory bail application rejected by High Court - Second or successive anticipatory bail applications, pointing out change in circumstances, have to be filed before High Court and not before Sessions Court...........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Earlier anticipatory bail application was rejected by holding that arrest, custodial interrogation and recovery of weapon, at the instance of accused, are necessary as such accused is not entitled to anticipatory bail - Said finding is based on materials in the facts of the case and there..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Prime consideration should be given to restoration of liberty - As the charge is framed and summons have been issued to witnesses, cannot be a ground to reject bail application...........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Offence u/s 3(2)(v) of SC/ST Act - Contents of FIR would show that it is a case based on suspicion - What is evidence that has been collected to connect crime to accused is required to be considered - Extra judicial confession is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Accused and victim both adult and acquainted with each other - Whatsapp messages prima facie indicate that victim was in constant touch with accused not only after the alleged incident but even after lodging FIR - Prima facie relationship appears to be consensual..........
Criminal Procedure Code, 1973, Section 439(2), 436 -- Cancellation of bail - Bail granted u/s 436 Cr.P.C. can only be cancelled u/s 439(2) Cr.P.C. which mandates that bail can be cancelled either by High Court or Court of Sessions - Order cancelling bail passed by Magistrate, set aside...........
