Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Appellant and victim had a consensual relationship as per appellant, in fact she also travelled with appellant to Dubai, however marriage did not take place between parties - Appellant is in jail for the last one year - Bail granted to appellant...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.69) - Bail - Rape - False promise of marriage - Applicant had repeatedly assured prosecutrix that there was no impediment to their marriage including on aspect of kundali matching and had represented that horoscopes had already matched - It is on..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - At the stage of bail, Court is only required to assess whether allegations and material disclose a prima facie case against accused and whether or not a case for grant of bail as per principles governing grant of bail is made out...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Co-operating with investigation does not extend to violation of constitutional right against self incrimination...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant has joined and is co-operating with investigation - Anticipatory bail denied to accused on the ground that he has not handed over his mobile phone - It is for State to complete investigation in accordance with due procedure, but it cannot insist upon appellant incriminating himself -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, Drugs (Control) Act, 1950, Section 3, 15 -- Anticipatory bail - Contraband - Matter relates to seizure of 710 bottles of cough syrup - However, appellant was not named in the FIR, though car from which contraband was seized belongs to him -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest not communicated to relatives of accused in writing - Relative of applicant was asked over phone to appear before arresting officer - However, he expressed his unwillingness to appear - Accordingly, grounds of arrest were intimated to him through a WhatsApp..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Bail - Successive FIRs - These continued acts and conduct of prosecution was to consciously ensure that petitioner is kept in continued custody - Petitioner entitled to be released on bail in successive FIRs...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 108, 45 -- Bail - Abetment of suicide - Allegations against petitioner are not to the effect that she has instigated or abetted victim to commit suicide or on account of harassment caused by her he was not left with any other option but to commit suicide - Prima facie offence u/s..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Not answering to questions of investigating officer, would not ipso facto mean there is non-cooperation...........
