Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 27A, Indian Penal Code, 1860, Section 420, 379, 411 -- Second bail application - Contraband - Accused though involved in three more FIRs, but he is on bail in all three cases - He is in judicial custody for last more than 1 year and 4 months - Moreover, charges..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 4 -- Bail - Dowry death - Dying declaration of deceased recorded by Medical Officer indicates that no one was present with deceased when incident occurred and that Kerosene jerrycane fell over gas and caught fire - This has been further..........
Indian Penal Code, 1860, Section 499, 500, 501, Criminal Procedure Code, 1973, Section 199 -- Defamation - Complaint for defamation is maintainable only at the instance of `Person aggrieved'...........
Indian Penal Code, 1860, Section 499, 500, 501, Criminal Procedure Code, 1973, Section 199 -- Defamation - `Aggrieved person' - Complainant who is not a `family member' or a `near relative' of person against whom defamatory statements were made, cannot unilaterally assume unto himself status of a `aggrieved person', whereby he can assert that his feelings were hurt and..........
Criminal Procedure Code, 1973, Section 437, 482, Indian Penal Code, 1860, Section 420, 34 -- Bail - Condition of furnishing bank guarantee of Rs.2 lakh - Cheating - Accused is a small agriculturist, yet stringent and onerous condition of furnishing bank guarantee of Rs.2 lakh was imposed by Magistrate though has partly been modified by revisional Court from Rs.2 lakh to 1..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Bail - Murder - Applicant a juvenile on the date of occurrence and does not having criminal history - He has been in confinement for an unduly long period of time - Trial of case is not concluded within time frame contemplated by JJ Act -..........
Indian Penal Code, 1860, Section 420 -- Cheating - Agreement to sell - Suit for specific performance also filed - Civil proceedings can go side by side criminal proceedings...........
Indian Penal Code, 1860, Section 420, 34 -- Cheating - Property dispute - Complainant clearly and categorically stated in the complaint that accused had a dishonest intention from day one and never intended to sell suit property in spite of payment of Rs.51 lacs by complainant - Necessary averments in terms of offence punishable u/s 420 IPC are available on record -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Interim bail - Suicide - Prima facie evaluation of FIR does not establish ingredients of alleged offence - Accused is resident of India and does not pose flight risk during investigation or trial - No apprehension of tampering of evidence or witnesses - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 153A, 295A, 505, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(I)(V) -- Anticipatory bail - Offence u/ss 153-A, 295-A, 505 IPC and S.3(I)(V) of SC/ST Act - Prima facie evidence is on record that Facebook posts were uploaded by petitioner are not only..........
