Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 420 -- Anticipatory bail - Rape - False promise of marriage - Petitioner knowing that victim belongs to SC category and he belong to upper caste and also knowing that his father will not grant permission to marry her, committed rape on her - Specific allegations on record that petitioner took..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - An act of breach of trust simpliciter involves a civil wrong of which the person wronged may seek his redress for damages in a civil court but a breach of trust with mens rea gives rise to a criminal prosecution as well - Dishonest intention is an essential element to constitute an offence of criminal..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Entrustment of vehicle for repairs - Where it is proved that vehicle is entrusted to accused, same itself is sufficient to attract offence u/s 406 IPC - It is not necessary to prove ownership of vehicle to prove an offence u/s 406 IPC...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Civil and criminal wrong - Entrustment of vehicle for repairs - Prosecution failed to trace out vehicle - No case for prosecution that accused dismantled vehicle for purpose of destroying evidence - Nothing on record to show that accused received vehicle with mala fide intention of misappropriating the same..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 419, 201, 34 -- Bail - Rape - Allegation that accused impersonating a Hindu name despite fact that he was a Muslim, establishing sexual relations with victim on false promise of marriage - However, both accused and victim were grown up adults at the time when first time they established..........
Prevention of Corruption Act, 1988, Section 19, 8, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 198 -- Sanction for prosecution - Offence u/ss 8, 13(1)(c), 13(2) of P.C Act and S.198 IPC - Accused seized to be public officer on the date of taking cognizance of offences against him - Allegations of abuse of office are not against accused - Allegations against accused..........
Prevention of Corruption Act, 1988, Section 8, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 198 -- Offence u/ss 8, 13(1)(c), 13(2) of P.C Act and S.198 IPC - Order taking cognizance - Allegations made in charge sheet and material produced in support thereof, prima facie disclose ingredients of offences alleged against accused - At the stage of issuing summons, Court..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Application for bail - Murder - Considering that petitioners have been in custody for a long period of 3 years and trial nowhere near conclusion - It results into punishment of sentence of imprisonment without them having been convicted - Therefore, petitioners are liable to be admitted on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 451, 506, 148, 149, 120B, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Accused are in judicial custody for last more than 2 years - Conclusion of trial is likely to take a long time - Accused have volunteered to pay Rs.50,000/- each to victim towards his medical expenses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 326, 323, 506, 148, 149, 120B, Arms Act, 1959, Section 27, 30, 54 -- Bail - Offence u/ss 302, 326, 323, 506, 148, 149, 120-B IPC and Ss.27, 30, 54 Arms Act - Status report shows that petitioner was actively involved in offence as per statements of injured persons u/s 161 Cr.P.C. - Only two..........
