Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 300 tablets of Buprenorphine - As per report of FSL, total quantity of prohibited substance Buprenorphine found in entire recovery is only 0.594 grams, which is less than even small quantity prescribed for substance -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- -Anticipatory bail - Rape of married woman - No medical evidence on record to support the case of complainant - Even documents on record suggestive of likelihood of a money dispute - It would be travesty of justice to send petitioner behind the bars - Bail granted...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376 -- Cancellation of bail - Rape of 14 years old girl - Alleged rape is committed on a young girl - There is one statement on record that her age is 16 years, but for purpose of present matter it does not make much difference - Fact that victim of rape is habitual to sex cannot be a valid..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354, 354D, 506, Protection of Children from Sexual Offences Act, 2012, Section 12 -- Bail - Offences u/ss 354, 354-D, 506 IPC and S.12 POCSO Act - As against total 16 witnesses cited by prosecution, only 3 witnesses have been examined - Moreover, prosecutrix has improved her earlier version as..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 120B -- Anticipatory bail - Murder - Petitioners have not been arrayed as accused by police - Criminal complaint is instituted by complainant in his personal capacity - Naturally, no custodial interrogation of petitioners is required at this stage, unless of course any competent Court orders..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 341, 452, 506 -- Bail - Rape - Nothing suggestive from FIR of any act of rape committed by petitioner and there are only general and vague insinuation bereft if any details - Even, photographs on record are suggestive of a consensual relationship - More so, there is nothing corroborative..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379, 406, 420, 120B -- Bail - Offence u/ss 379, 406, 420, 120-B IPC - FIR outcome of a monetary dispute between parties - Petitioner has no concern with Sharma Agro wherein machinery was alleged to have been concealed - Petitioner is in custody for over 5 months and out of 13 witnesses only one..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 346, 506, 34 -- Bail - Offence u/ss 376, 346, 506, 34 IPC - Medical report does not support the case of prosecution - Even, trial is not likely to be concluded in near future - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 114, 506, 120B -- Bail - Rape - Despite availing 9 opportunities by prosecution, prosecutrix has not come forward to depose in the case - It is appears that prosecutrix is intentionally delaying trial and for this reason, petitioner cannot be allowed to suffer - Moreover, FSL report in case..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Detention order - Recovery of 8 kgs gold of foreign origin - Detenus have been granted bail on the very same date the order of detention was quashed by High Court - Therefore, apprehension in the mind of Detaining Authority that detenus are likely to be released on bail was well..........
