Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Successive bail application - On parity basis - Murder - Accused is relative of co-accused nos.1 to 3 and while committing murder, all of them joined together and went in a vehicle and when CW19 tried to prevent act of accused he was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder - Deceased has been done to death mercilessly due to strangulation in the house of accused - Without delving into merits and demerits of the matter, this is not a fit case where bail is to be granted - Bail application rejected...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Juvenile - Application u/s 438 Cr.P.C filed by a child in conflict with law for grant of anticipatory bail is maintainable...........
Criminal Procedure Code, 1973, Section 439 -- Second bail application - Two witnesses of last seen turned hostile - Hostility of witnesses not a new ground for granting bail to accused...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused in custody in another case - Application for anticipatory bail is not maintainable...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 346, 364, 201, 34, Arms Act, 1959, Section 25 -- Second bail application - Murder - Accused is in long judicial custody - Out of 36 PWs, only 3 witnesses have been examined so far - Conclusion of trial is likely to take a long time - Bail application allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201 -- Second bail application - Cheating - Accused placed on record zimini orders passed after dismissal of earlier bail application which are about 23 in number whereby trial Court repeatedly adjourned the case - Delay has been caused at the hands of prosecution - It is not a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Victim was just above 17 years - Consent if any pales into insignificance - Even if consent is presumed, willingness was absent as indicated by medical examination report of victim - Act was resisted by..........
Criminal Procedure Code, 1973, Section 439, 438 -- Application to treat anticipatory bail granted by Court as a regular bail - Anticipatory bail granted by Court which extends till conclusion of trial - Impugned order of rejecting application without giving any reason is perverse and liable to be set aside - Matter remanded back to Court below for fresh decision...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application for anticipatory bail is not maintainable when offence is bailable...........
