Indian Penal Code, 1860, Section 448, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 448, 34 IPC, S.3(1)(x) of SC/ST Act - Animosity between A-1 and informant - Incident in itself is doubtful - Allegations are omnibus - Informant has taken advantage of his caste and involved four accused in the serious crime..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 465, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1), 13(2) -- Bail - Cheating - Investigation of case based on documentary evidence, is complete - Entire incrimination evidence collected against petitioner is already part of challan which stands presented before..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 147, 504 -- Anticipatory bail - Abetment of suicide - Allegation against applicants are false and misconceived and informant is willing to settle the dispute - There is thus, no material or evidence with prosecution in respect of overt act of applicants instigating deceased to commit suicide..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 493 -- Anticipatory bail - Rape - Charge sheet has already been filed - Without commenting on merits of case, anticipatory bail granted to accused subject to the condition that he shall continue to co-operate with investigation...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 201, 120B, 34 -- Bail - Cheating - Money scam - Appellant is in custody since December 2023 - Prosecution intends to examine 189 witnesses - Total amount involved in the alleged scam is approximately Rs.4 Crore but Rs.35 lakhs attributes to appellant - Appellant directed to deposit an amount..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338, 427 -- Rash and negligent driving - Collusion between Trolla and scooty - The only question involved is whether accused was identified or was driving Trolla at the relevant time - Accused admitted that he was driving offending vehicle/Trolla, but he was not driving in a rash and negligent manner - Thereafter, he tried..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of victim - Determination - Birth certificate of victim is doubtful - Merely because documents are tendered and same are public documents, its manner of procurement and foundational material drawing for birth certificate not being gathered by I.O, it is difficult to accept the date reflected over..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Victim admitted her love relation with accused and she herself seems to have left house, as there is nothing to show that accused kidnapped her - There is long stay for months together, as victim has not returned home to her parents until custody of victim being handed over by father of accused - Mere..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(AB) -- Suspension of sentence during pendency of appeal - Applicant has already undergone custody of 1 year, 2 months and 8 days - Appeal is not likely to be heard in near future - Sentence suspended during pendency of appeal...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere fact that accused used to threat victim at places to implicate him in false criminal case and they created financial, mental and physical pressure upon victim, that by itself does not constitute the ingredient of instigation - Presence of mens rea is also the necessary concomitant of instigation...........
