Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Bail - Offence u/ss 15, 25 NDPS - Recovery of 54 kgs poppy husk - As per petitioner, alleged recovery is slightly more than the quantity prescribed for commercial category and said recovery has been made from both the accused persons that too from a car -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offence u/ss 498-A, 406, 34 IPC - Allegation by husband that wife is not capable of sexual intercourse - However, accused personally present in Court and admitted that during stay of 24 days, they had sexual relations - Accused thus, bluffed and misled Court by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 34, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Offence u/ss 363, 366-A, 34 IPC and S.6 POCSO Act - Prosecutrix was above 18 years of age when she was kidnapped by petitioner - Culpability of petitioner is yet to be established during trial - Moreover,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Non appearance due to ill health - Cancellation of bail - Accused if prevented by sufficient reasons to put appearance in Court, same cannot be construed as a deliberate and willful absence - Explanation offered appears to be justified and accepted - Order as to cancellation of bail set aside and accused to remain on..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 14 injections of Buprenorphine and 10 injections of Pheniramine Maleate - Challan presented and charges framed - Petitioner is in custody since 6.8.2019 and has undergone incarceration of about 5 months and 7 days - Trial of case may take some time in..........
Indian Penal Code, 1860, Section 304, 341, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 304, 341, 34 IPC - Prima facie consideration of FIR would show that all accused started giving beatings to deceased and gave push to her - No specific injury has been attributed to any one - It would be debatable as to complicity of accused in terms of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 70 injections of Buprenorphine I.P Omgesic 2mls each and 30 injections of Avil 10ml each - Buprenorphine falls under Drugs and Cosmetics Act and salt has not been included in Schedule I of NDPS Rules - Even,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 16 -- Bail - Offence u/ss 363, 366-A, 120-B IPC and Ss.6, 16 POCSO Act - Petitioner is a lady who alongwith her 9 months old child is behind bars for almost a year - Since, prosecution evidence is yet to commence,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 450, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Offence u/ss 376-D, 450, 506 IPC and S.6 POCSO Act - DNA profile not matching with petitioner - Even, petitioner is in custody since April 2019 and no useful purpose will be served by keeping him in further..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 323, 498A, 34 -- Anticipatory bail - Offence u/ss 420, 406, 323, 498-A, 34 IPC - Complaint prima facie do constitute offences as alleged - Petitioner abandoned his wife/complainant almost since very inception of marriage and failed to maintain her with due dignity and honour - He is not..........
