Criminal Procedure Code, 1973, Section 439 -- Bail - When question of framing of charges against accused is yet to be determined by trial Court, a deep and meticulous analysis of material on record of challan is required to be avoided in bail application lest it may prejudice case of parties before trial Court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Love affair between parties - Prosecutrix has not only in her complaint but also in her statement recorded u/s 164 Cr.P.C repeatedly stated that accused had sexual intercourse with her against her consent - Mere fact that prosecutrix was quite friendly with accused for a long..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail - Cheating - Interim bail granted directing petitioner to join investigation - Petitioner joined investigation and is now not required for any further investigation - Interim bail made absolute...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 256.90 kg Ganja patti - Held, without adverting to merits of case and in view of situation arising due to COVID-19 pandemic, accused released on bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Condition to deposit Rs.2 lakhs - While granting default bail, condition of deposit of alleged amount cannot be imposed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 4, 25 -- Bail - Offence u/ss 399, 402 IPC and Ss.4, 25 of Arms Act - Keeping in view the nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any convincing material to indicate possibility of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 202, 34 -- Interim bail - For surgery of daughter - Application filed by accused solely for purpose of coming out of custody - Mother of accused has four sons who can assist and attend to daughter of accused for concerned surgery and wife of accused is there to look after minor daughter..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once an application u/s 167(2) Cr.P.C. is filed after expiry of stipulated time limit, it is duty of Court to release him on bail forthwith without any unnecessary delay - Filing of a charge sheet subsequent to expiry of stipulated time limit for investigation would not defeat right of accused to default bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Rejection of bail application by Sessions Court does not operate as a bar for High Court in entertaining a similar application u/s 439 Cr.P.C on same facts and for same offence...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 323, 506, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of anticipatory bail - Dowry death - Cruelty - FIR contains recital of allegation bearing on role of accused in demanding dowry, of prior incident of assault, payment of moneys by cheque to in-laws of deceased..........
