Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29 -- Anticipatory bail - Recovery of 150 kg poppy husk - Petitioner arraigned as accused on the basis of disclosure statement of main accused from whose possession recovery effected - There is no other evidence collected against petitioner - Merely because police..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Accused misusing his liberty by indulging in similar kind of criminal activity, which is a continuing offence - It is attack on rule of law - Bail cancelled...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 326 -- Bail - Murder - Accused not named in FIR - He had been nominated on basis of statements of injured witnesses and also on basis of disclosure statements of co-accused, admissibility of which would be debatable - Accused has been behind the bar for a substantial..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 114, Dowry Prohibition Act, 1961, Section 3, 7 -- Anticipatory bail - Abetment of suicide - Allegations against father-in-law and mother-in-law of deceased - General allegations are alleged for demand of dowry and cruelty in the FIR, without there being any specific instances and..........
Criminal Procedure Code, 1973, Section 436A, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Juvenile - Juvenile is never under confinement by way of arrest - Confinement of juvenile in remand home cannot be construed just like confinement of under trial in jails/prisons - Provisions of S.436-A Cr.P.C is not applicable to the case - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of crop of green poppy - Bail - Petitioner was already behind bar at the time of recovery of said crop - Ownership of land in question is also being disputed and yet to be proved during trial - Factum of whether petitioner was behind sowing of said..........
Protection of Children from Sexual Offences Act, 2012, Section 29 -- Presumption u/s 29 of the Act comes into play even at pre-trial stage inasmuch as while considering a bail application thereto...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Accused contended that final report does not disclose commission of alleged offence by him - However, a bare perusal of statement made by victim u/s 164 Cr.P.C in explicit terms..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Ground urged by accused that medical opinion has not categorically opined about happening of alleged intercourse with victim, may not be attracted at this stage while considering bail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 62 gms Methamphetamine - Accused not found in possession of any contraband article - Recovery effected from co-accused - There is no recording of conversation in between accused and co-accused - Mere contacts with co-accused who were found in..........
