March 2019

Attempt to Murder–Bail~Habitual Offender–Improvement in other criminal cases—Petitioner is already on bail in five other cases—Petitioner is in custody for 1 year and 4 months—Injured and complainant have been examined but there are total 11 prosecution witnesses-Trial may take long to conclude—Without commenting on merits bail granted

By | March 19th, 2019|Bail|

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Murder–Bail–Habitual offender-Attempt to Murder-Petitioner was involved in total 12 cases-He has been acquitted in 8 cases—Held; petitioner is in custody from last 3 and half years; no recovery was effected from him; there is no eye witness and all material witnesses have been examined-Without commenting on merits bail granted

By | March 19th, 2019|Bail|

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Comments Off on Murder–Bail–Habitual offender-Attempt to Murder-Petitioner was involved in total 12 cases-He has been acquitted in 8 cases—Held; petitioner is in custody from last 3 and half years; no recovery was effected from him; there is no eye witness and all material witnesses have been examined-Without commenting on merits bail granted

February 2019

Murder~Bail~Allegation that the petitioner caught hold the deceased along with other co-accused and gave beatings-Contention that allegations have been falsified by MLR as deceased suffered only one injury and the same has been attributed to main accused—No specific role and injury has been attributed to the petitioner—Bail granted

By | February 28th, 2019|Bail|

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Comments Off on Murder~Bail~Allegation that the petitioner caught hold the deceased along with other co-accused and gave beatings-Contention that allegations have been falsified by MLR as deceased suffered only one injury and the same has been attributed to main accused—No specific role and injury has been attributed to the petitioner—Bail granted

Indian Penal Code, 1860, S.420–Cheating-Anticipatory Bail-Pake Visa-­Payment was given in 2005 but FIR has been registered in 2017 after gap of more than 12 years—Petitioner has already joined the investigation and he is not required for custodial interrogation—Without commenting on merits; bail granted-

By | February 28th, 2019|Bail|

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Comments Off on Indian Penal Code, 1860, S.420–Cheating-Anticipatory Bail-Pake Visa-­Payment was given in 2005 but FIR has been registered in 2017 after gap of more than 12 years—Petitioner has already joined the investigation and he is not required for custodial interrogation—Without commenting on merits; bail granted-

Anticipatory Bail-Cheating—Transfer of Land by power of attorney holder—Held; Petitioner is not beneficiary—There is also no allegation that petitioner has induced the complainant to execute power of attorney in his favour—Main accused had asked complainant to give power of attorney to petitioner (employee of main accused)–Beneficiary is also relative of main accused—Case is based on documentary evidence—Nothing is to be recovered from petitioner—Bail granted

By | February 27th, 2019|Bail|

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Comments Off on Anticipatory Bail-Cheating—Transfer of Land by power of attorney holder—Held; Petitioner is not beneficiary—There is also no allegation that petitioner has induced the complainant to execute power of attorney in his favour—Main accused had asked complainant to give power of attorney to petitioner (employee of main accused)–Beneficiary is also relative of main accused—Case is based on documentary evidence—Nothing is to be recovered from petitioner—Bail granted

Indian Penal Code, 1860, S.302–Murder–Anticipatory Bail—Petitioner were found innocent during investigation but has been summoned u/s 193 CrPC— No specific injuries have been attributed to petitioners-Bail granted

By | February 27th, 2019|Bail|

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Comments Off on Indian Penal Code, 1860, S.302–Murder–Anticipatory Bail—Petitioner were found innocent during investigation but has been summoned u/s 193 CrPC— No specific injuries have been attributed to petitioners-Bail granted

Anticipatory Bail-Demand of Bribe—Contention that no allegation that any bribe has been demanded or paid directly by the present petitioner—Furthermore, it is argued that telephonic conversation was recorded in February, 2014 and the FIR was registered after 3 years-Bail granted

By | February 27th, 2019|Bail|

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Comments Off on Anticipatory Bail-Demand of Bribe—Contention that no allegation that any bribe has been demanded or paid directly by the present petitioner—Furthermore, it is argued that telephonic conversation was recorded in February, 2014 and the FIR was registered after 3 years-Bail granted

Prevention of Corruption Act, 1988, S.I 3–Anticipatory Bail-Demand for Bribe–Application for registration of F.I.R has been made long after about one year from alleged date of demand and retirement of petitioner–F.I.R was registered after about further one year from date of such application-Bail granted

By | February 27th, 2019|Bail|

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Comments Off on Prevention of Corruption Act, 1988, S.I 3–Anticipatory Bail-Demand for Bribe–Application for registration of F.I.R has been made long after about one year from alleged date of demand and retirement of petitioner–F.I.R was registered after about further one year from date of such application-Bail granted

Bail—NDPS— Recovery of 900 capsules of Tramadol Hydrochloride—Petitioner was not arrested from spot but was arrested on statement of co-accused from whom recovery was made—Petitioner is in custody for last 6 months and challan has already been presented—Without commenting on merits, bail granted

By | February 17th, 2019|Bail|

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Comments Off on Bail—NDPS— Recovery of 900 capsules of Tramadol Hydrochloride—Petitioner was not arrested from spot but was arrested on statement of co-accused from whom recovery was made—Petitioner is in custody for last 6 months and challan has already been presented—Without commenting on merits, bail granted

Recovery of 1350 kgs of ‘Lahan’ and 200 bottles containing 750 ml each of illcit liqour—Petitioner is in custody for last three months and is already on bail in other cases—No fruitful purpose would be served by further detaining behind bars—Bail granted

By | February 17th, 2019|Bail|

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Comments Off on Recovery of 1350 kgs of ‘Lahan’ and 200 bottles containing 750 ml each of illcit liqour—Petitioner is in custody for last three months and is already on bail in other cases—No fruitful purpose would be served by further detaining behind bars—Bail granted

Neither visa was arranged nor money was returned—Petitioner is wife of accused who is absconding and 6 identical cases are pending against him—Case of petitioner is identical to co-accused who has already been granted bail—Petitioner being lady deserves leniency—Bail granted

By | February 17th, 2019|Bail|

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Comments Off on Neither visa was arranged nor money was returned—Petitioner is wife of accused who is absconding and 6 identical cases are pending against him—Case of petitioner is identical to co-accused who has already been granted bail—Petitioner being lady deserves leniency—Bail granted

Protection of Children from Sexual Offences Act, 2012, S.3 and S.4—Rape— Minor girl—Bail-Allegation that accused enticed and abducted the minor girl for purpose of marriage—No role has been attributed to present petitioner(mother of boy) in commission of offence—Petitioner is behind bars for about 5 months—Trial to take time—Bail granted

By | February 14th, 2019|Bail|

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Comments Off on Protection of Children from Sexual Offences Act, 2012, S.3 and S.4—Rape— Minor girl—Bail-Allegation that accused enticed and abducted the minor girl for purpose of marriage—No role has been attributed to present petitioner(mother of boy) in commission of offence—Petitioner is behind bars for about 5 months—Trial to take time—Bail granted

Rape—Bail—Consenting party—Prosecutrix who admittedly is a married grown up lady had been carrying on this relationship for a long period of time and kept silent for quite some time is itself suggestive of consensual relationship and submitting to the desires of the accused culpability of offence to be decided during trial which would take time to conclude—Bail granted

By | February 14th, 2019|Bail|

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Comments Off on Rape—Bail—Consenting party—Prosecutrix who admittedly is a married grown up lady had been carrying on this relationship for a long period of time and kept silent for quite some time is itself suggestive of consensual relationship and submitting to the desires of the accused culpability of offence to be decided during trial which would take time to conclude—Bail granted

Bail—NDPS– Recovery of 12 injections of Buprenorphine—Conflicting judgments regarding whether Buprenorphine Hydrochloride falls under NDPS Act or not—Bail granted

By | February 14th, 2019|Bail|

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Bail— Manufactured Drug—NDPS-Recovery of about 616 strips of tablets containing salt Alprazolam and huge recovery of tablets containing Tramadol Hydrachloride—Strips containing Alprazolam were recovered from car driven by petitioner and not from his personal possession—Tramadol Hydrachloride does not fall under NDPS Act—Aplrazolam is Schedule ‘H’ drug—Bail granted

By | February 8th, 2019|Bail|

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Comments Off on Bail— Manufactured Drug—NDPS-Recovery of about 616 strips of tablets containing salt Alprazolam and huge recovery of tablets containing Tramadol Hydrachloride—Strips containing Alprazolam were recovered from car driven by petitioner and not from his personal possession—Tramadol Hydrachloride does not fall under NDPS Act—Aplrazolam is Schedule ‘H’ drug—Bail granted

Indian Penal Code, 1860, S.302 and S.323—Murder—Bail—Multiple Injuries— No specific injury has been attributed to petitioner—Material witnesses have also not attributed any specific injury to petitioners—Out of 31 only 18 witnesses have been examined so far—Seven co-accused persons are already on bail—Petitioner also granted bail

By | February 8th, 2019|Bail|

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Comments Off on Indian Penal Code, 1860, S.302 and S.323—Murder—Bail—Multiple Injuries— No specific injury has been attributed to petitioner—Material witnesses have also not attributed any specific injury to petitioners—Out of 31 only 18 witnesses have been examined so far—Seven co-accused persons are already on bail—Petitioner also granted bail

Indian Penal Code, 1860, S.420 and S.467—Cheating—Forgery—Bail— Investigation continued for a period of four years and petitioner was never arrested; now the challan has been presented and as such, the custodial interrogation of the petitioner is not required—Bail granted

By | February 8th, 2019|Bail|

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Comments Off on Indian Penal Code, 1860, S.420 and S.467—Cheating—Forgery—Bail— Investigation continued for a period of four years and petitioner was never arrested; now the challan has been presented and as such, the custodial interrogation of the petitioner is not required—Bail granted

Rape—False promise to marry—Bail— Admittedly the prosecutrix is a grown up married woman with two kids—As per her own stand she remained in this relationship for more than one and a half years and had been carrying on physical relations with the petitioner— Thus, a debatable issue having arisen over the very applicability of Section 376 IPC- Bail granted

By | February 5th, 2019|Bail|

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Comments Off on Rape—False promise to marry—Bail— Admittedly the prosecutrix is a grown up married woman with two kids—As per her own stand she remained in this relationship for more than one and a half years and had been carrying on physical relations with the petitioner— Thus, a debatable issue having arisen over the very applicability of Section 376 IPC- Bail granted

Bail—NDPS—Not even a single prosecution witness has been examined so far and petitioner is in custody from about last 7 months—All the prosecution witnesses are official witnesses—Bail granted

By | February 3rd, 2019|Bail|

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Comments Off on Bail—NDPS—Not even a single prosecution witness has been examined so far and petitioner is in custody from about last 7 months—All the prosecution witnesses are official witnesses—Bail granted

Hurt—Anticipatory Bail—Case of version and cross version—Only only alleged injury attributed to the petitioner is on non- vital part i.e. two fingers of the left hand—Bail granted

By | February 3rd, 2019|Bail|

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Comments Off on Hurt—Anticipatory Bail—Case of version and cross version—Only only alleged injury attributed to the petitioner is on non- vital part i.e. two fingers of the left hand—Bail granted