Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17 -- Bail - Offence u/s 17 of NDPS Act - Recovery of 500 grams opium from possession of petitioner and 1 kg of opium from car - Recovery of contraband is less than commercial quantity - Even, S.37 of the Act is not applicable - Keeping in view nature of accusation,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Gravity alone is not the decisive ground to deny bail - Competing factors are required to be balanced by Court while exercising its discretion...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Opposed on the ground that if bail is granted, accused may flee from justice - The same can be met by putting accused to stringent conditions...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Normal rule is bail and not jail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 343, 370, 376(2), 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 17 -- Bail - Kidnapping and rape - Prosecutrix was not kidnapped by petitioners rather she of her own volition went with co-accused with whom she wanted to solemnize marriage - Guilt if any of petitioner..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 90.5 gms heroin - Quantity recovered is less than commercial quantity as per notification applicable but greater than small quantity - Rigors of S.37 of NDPS Act thus, not applicable - Petitioner is in custody since Mar 2019, he is a Nigerian..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by Court while exercising its discretion...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Anticipatory bail - Cheating - Petitioner joined investigation and nothing remains to be recovered - Custodial interrogation of petitioner is not required - Petitioner has carved out a case for himself - Bail allowed with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 294(b), 34, 114 -- Bail - Murder case - Accused is in jail since Oct 2018 - Investigation is concluded and charge sheet is filed - Allegation leveled against accused are almost similar to that of co-accused, who has been enlarged on bail - Bail granted to accused with conditions...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(u), 18, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 3(1)(u) of SC/ST Act - Acts of accused in pouring cow-dung water in scene of occurrence after complainant had left scene and then cleaning it with broom stick etc. will have the effect of..........