Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 7(a), 8 -- Anticipatory bail - Cheating - Tax evasion - Allegation against accused are very serious, as accused indulged in tax evasion in connivance with officer/officials of Excise and Taxation - Investigation is going on and..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation was not publicly read in village where accused was residing - Publication of proclamation is thus, not in accordance with mandatory requirements of S.82(2)(i) Cr.P.C - Order declaring accused as P.O quashed...........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Would not be maintainable until and unless there is a material change in circumstances in favour of petitioner...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B -- Second anticipatory bail application - Cheating - Petitioner only cites his willingness to deposit a sum of Rs.1 lakh in proof of his bonafides as a changed circumstance - Change in approach of petitioner whereby he now wants to pay part of sum claimed by complainant as proof of his..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere pendency of other FIRs against petitioner may not be reason enough to deny bail to him - It is for the State to secure custody of petitioner in relation to these other cases as per due procedure and in accordance with law - Co-accused already acquitted - There is no possibility of case improving against petitioner..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 188, 342, 323, 149 -- Anticipatory bail - Offence u/ss 353, 186, 188, 342, 323, 149 IPC - Matter involving merciless beatings given to police official on duty - If concession of pre-arrest bail is granted to accused of assaulting public servants on duty that may further embolden people..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Plea of false implication and delay of about 7 months in approaching police are not much relevant while deciding a petition for grant of pre-arrest bail, as such grounds may have some merit and significance while determining guilt of accused during trial...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354A -- Anticipatory bail - Rape - Allegation against petitioners are very grave and serious of molesting complainant for a long time and then committing rape upon her several times and on one occasion getting such acts of forcible sexual intercourse photographed by his wife - Plea of alibi..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 120B - - Attempt to murder - Allegations against accused are of causing burn injuries to her husband/victim by pouring some inflammable liquid and then putting him on fire and incident shows pre-meditated mind of accused - Version given by victim is fully supported by statement of his father..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 297, 454, 353, 186, 342, 270, 120B, 188, Prevention of Damage to Public Property Act, 1984, Section 4, Disaster Management Act, 2005, Section 51 -- Anticipatory bail - Allegation that a group of persons locked certain staff of medical and para-medical team inside a room and thereafter removed body..........
