Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 365, 506, 34 -- Bail - Attempt to murder - MLR of victim reveal 13 injuries on person of injured - However, said injuries are virtually on non-vital parts of body of victim - Allegation pertaining to running over of a vehicle over injured could not be substantiated by medical evidence -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 367, 452, 506 -- Bail - Offence u/ss 323, 365, 367, 452, 506 IPC - Accused at one point of time was granted interim bail and he surrendered in time - He was carrying sword as written in FIR, but only a danda was recovered from him - Accused was no more required for custodial..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 365, 506 -- Bail - Rape - Petitioner behind bars for last more than one year - Investigation is completed and nothing remains to be recovered at the instance of petitioner - Challan is also presented and custody of petitioner is not at all required by police - Considering the fact co-accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 365, 285, 148, 149, 452, 201, 120B, Arms Act, 1959, Section 25 -- Bail - Murder - Petitioner does not want to continue with petition after arguing for some time - Bail application dismissed as withdrawn - However, since the petitioner is in custody since June 2018 and only one PW out of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 302, 34, 201 -- Bail - Kidnapping and murder - There is absence of positive evidence as to identification of skeleton by matching of its DNA profile with that of mother of deceased - Petitioner is in custody since Oct 2017 - Only two witnesses out of 23 witnesses have been examined - Trial of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 365, 120B -- Anticipatory bail - Offence u/ss 363, 365, 120-B IPC - There is some kind of matrimonial discord between petitioner and his wife - It is only after entire evidence is recorded that it may be found as to whether petitioner has indeed abducted complainant`s daughter or not - Since..........
Indian Penal Code, 1860, Section 363, 364, 364A, 365, 302, 120B, Arms Act, 1959, Section 21(1)(a) -- Kidnapping and murder - Circumstantial evidence - Last seen theory - Material contradictions between evidence of last seen witnesses - Last seen witnesses though knew that deceased was missing but did not inform PW1 or police to the presence and conduct of accused, despite..........
Indian Penal Code, 1860, Section 363, 364, 364A, 365, 302, 120B, Arms Act, 1959, Section 21(1)(a), Evidence Act, 1872, Section 24 -- Kidnapping and murder - Circumstantial evidence - Extra judicial confession - There are contradictions about circumstances in which confession was made viz, number of people in whose presence it was made, degree of coercion/fear/intimidation..........
Indian Penal Code, 1860, Section 363, 364, 364A, 365, 302, 120B, Arms Act, 1959, Section 21(1)(a) -- Kidnapping and murder - Circumstantial evidence - Recovery of dead body of deceased - Dead body recovered in decomposed state with one leg missing in agricultural farm - PW1/father of deceased not testified that he had identified dead body found in agricultural farm was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 365, 366A, 370A, 376D, 34, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Offence u/ss 363, 365, 366-A, 370-A, 376-D, 34 IPC, S.6 POCSO Act and S.3 SC/ST Act - Prosecutrix and..........
