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 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...........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Incident took place in the year 1998 and about 25 years have passed - Accused was in jail for a considerable period and he has never misused the privilege of bail and now he is not involved in any criminal activities - Sentence of accused reduced to period already undergone by him subject to payment of fine of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 8(c), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of Ganja - Commercial quantity - Samples taken at the spot sent for Chemical Analysis but sample taken before Magistrate not sent for Chemical Analysis - Accused has made out case for bail - Contraband seized is commercial quantity..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Apprehension of prosecution that accused may influence witnesses - Concern of prosecution can be taken care of by directing accused not to make any attempt to influence the witnesses...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Most of the evidence documentary evidence which are already in possession of Investing Agency - Further charge sheet has been filed - Accused is entitled for bail...........
