Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Recovery of 44,160 bottles of cough syrup - Contraband recovered is a commercial quantity - Two relevant factors u/s 37 of NDPS Act that Court should come to satisfaction that prima facie accused is not guilty of offence and also..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet and application for default bail filed on the same day - However, charge sheet was filed before filing of application for default bail - Accused's right of default bail is thus, extinguished - Application for default bail rightly rejected...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Absence of cogent reasons and failure to refer to relevant factors that weighted with Court to grant bail is also an important factor that persuade Appellate Court to interfere with the order passed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Bail - Rape - Cancellation of bail - Conduct of accused during bail has evoked a bona fide fear in the mind of complainant that she would not get a free and fair trial if he remains enlarged on bail and there is a likelihood of his influencing the material witnesses - Order..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 265 gms heroin - Intermediate quantity was recovered from accused - No PW has been examined - Trial of case is likely to take time to conclude - Keeping in view the custody of accused and facts and circumstances of case, bail granted to..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Marshalling of PWs is not permitted at the stage of consideration of bail application...........
Criminal Procedure Code, 1973, Section 439 -- Bail - At the stage of consideration of bail application, Court cannot go into question of credibility and reliability of witnesses put up by prosecution...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 506II, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, 5(l) -- Third bail application - Kidnapping and rape of 11 years old girl - Prosecutrix categorically stated in her statement that accused abducted and committed rape upon her several..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376D, 342, 506, 34 -- Bail - Offence u/ss 363, 376D, 342, 506, 34 IPC - Alleged occurrence took place may 2020 and for first time his name was mentioned by prosecutrix in her 3rd statement recorded in June 2020 - Even, prosecutrix so far has not turned up for disposing before the Court -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323 -- Bail - Murder - Statement of eye witness in question having no evidentiary value in the eyes of law - Implication of applicant would not be proper on the basis of other circumstantial evidence and corroborative material which would be seen during trial - Bail granted...........
