August 2020

Grant of default bail – Criminal Procedure Code, 1973 (CrPC) – Section 167(2) – Penal Code, 1860 (IPC) – Sections 420, 406, 409, 465, 467, 468, 471 and 120-B – Prevention of Corruption Act, 1988 – Sections 7 and 13(1) – HELD challan was presented before arrest of petioner and was kept in column no 2 hence only formal challan was put after 90 days. Dismissed.

By | August 2nd, 2020|Bail|

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July 2020

February 2020

Rape on Minor—Bail—No Medical Evidence—Merely because the girl and her mother has refused to undergo medical examination is no ground to refute the claim of rape—Bail declined

By | February 3rd, 2020|Bail|

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November 2019

Contention that prosecutrix went with co-accused and her photographs were also clicked by co-accused and could be uploaded by the co-accused and not by present petitioner-Bail granted

By | November 3rd, 2019|Bail|

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Indian Penal Code, 1860, S.376–Rape–Bail–Trial to take time to conclude-­ Interim compensation given without prejudice to the rights of the parties and shall be subject to outcome of the trial—Bail granted

By | November 3rd, 2019|Bail|

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October 2019

Making preparation for Dacoity~Bail~Petitioner has been in custody for last 1 year and charge sheet has been filed—Although petitioner is already on bail for recovery of small quantity of contraband but no useful purpose would be served by keeping the petitioner behind bars any more-Bail granted

By | October 25th, 2019|Bail|

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Comments Off on Making preparation for Dacoity~Bail~Petitioner has been in custody for last 1 year and charge sheet has been filed—Although petitioner is already on bail for recovery of small quantity of contraband but no useful purpose would be served by keeping the petitioner behind bars any more-Bail granted

Bail—Occurrence is not disputed by either side and both parties are facing prosecution in FIR as well as DDR, i.e. version and cross-version-it would be unreasonable to comment about the aggressor in this case; consequently, no useful purpose will be served by keeping the petitioner behind bars any more-Bail granted

By | October 25th, 2019|Bail|

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Comments Off on Bail—Occurrence is not disputed by either side and both parties are facing prosecution in FIR as well as DDR, i.e. version and cross-version-it would be unreasonable to comment about the aggressor in this case; consequently, no useful purpose will be served by keeping the petitioner behind bars any more-Bail granted

Attempt to Murder–Bail–Contention that petitioner is closely related to complainant and after investigation charges have also been framed-Held; Since petitioner is in custody from last about 15 months and out of total 21 prosecution witnesses, none has been examined so far—Trial will take its own time to conclude—Bail granted

By | October 24th, 2019|Bail|

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Comments Off on Attempt to Murder–Bail–Contention that petitioner is closely related to complainant and after investigation charges have also been framed-Held; Since petitioner is in custody from last about 15 months and out of total 21 prosecution witnesses, none has been examined so far—Trial will take its own time to conclude—Bail granted

Cheating-Anticipatory Bail-Forgery—Agreement to Sell—Petitioner contended that only allegation against him is that he introduced the complainant-Petitioner has neither received money nor he is a witness to the agreement to sell—Nothing is to be recovered from him–Bail granted subject to payment of costs of Rs.25,000/

By | October 24th, 2019|Bail|

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Comments Off on Cheating-Anticipatory Bail-Forgery—Agreement to Sell—Petitioner contended that only allegation against him is that he introduced the complainant-Petitioner has neither received money nor he is a witness to the agreement to sell—Nothing is to be recovered from him–Bail granted subject to payment of costs of Rs.25,000/

Attempt to Rape-Bail-Allegation against the petitioner is that he has tried to commit rape upon the prosecutrix–The prosecutrix has been examined in the case-Prosecutrix has also filed another case against accused-Out of total 14 witnesses only 5 have been examined so far-Trial to take time-Bail granted

By | October 12th, 2019|Bail|

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Murder~Bail–Identification of Accused-All the eye-witnesses did not identify the accused when they stepped into the witness box—Petitioners are behind bars since last 1 year—No useful purpose would be served by further detention—Bail granted—

By | October 12th, 2019|Bail|

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Bail–Identification of Accused—Complainant while in the witness box has not identified the petitioner to be his assailant—Petitioner has been behind bars since last about 9 months-Out of 35 only 3 prosecution witnesses have been examined-Bail granted

By | October 11th, 2019|Bail|

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Comments Off on Bail–Identification of Accused—Complainant while in the witness box has not identified the petitioner to be his assailant—Petitioner has been behind bars since last about 9 months-Out of 35 only 3 prosecution witnesses have been examined-Bail granted

Bail Granted —Injuries on accused— Allegedly, petitioner attacked the complainant with the ‘Kirch’ (sharp edged weapons-Petitioner had also sustained injuries regarding which there is no explanation in the FIR~

By | October 11th, 2019|Bail|

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Bail granted – Recovery of 55 kgs of poppy husk from back seat of truck driver-Petitioner is neither the driver nor the owner of truck and was sitting in between the driver and owner in the cabin of truck—

By | October 11th, 2019|Bail|

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Bail granted – NDPS– Attempt to Murder—Recovery of 200 gms of intoxicating powder and firearms with live cartridges—Although, the petitioner is stated to be involved in several other cases but the present case is a case where nobody was injured and none of the police party has sustained any injury although allegations have been levelled that the accused had fired on the police

By | October 11th, 2019|Bail|

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Comments Off on Bail granted – NDPS– Attempt to Murder—Recovery of 200 gms of intoxicating powder and firearms with live cartridges—Although, the petitioner is stated to be involved in several other cases but the present case is a case where nobody was injured and none of the police party has sustained any injury although allegations have been levelled that the accused had fired on the police

Bail granted- – Prevention of Money Laundering Act, 2002, S.45–Money Laundering–Bail–Mere non-explanation of source of some money during investigation cannot be a ground to decline bail during pendency of trial which would take time to conclude-

By | October 8th, 2019|Bail|

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BAIL GRANTED — Visa for going abroad—Allegation that petitioner neither arranged visa nor returned money— Submission that petitioner had referred complainant to some ‘R’ who had arranged visa and had also sent a guarantee letter for the visa but said person has not even been joined in the investigation by the police, despite having been specifically disclosed as the real culprit, by the petitioner

By | October 2nd, 2019|Bail|

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Comments Off on BAIL GRANTED — Visa for going abroad—Allegation that petitioner neither arranged visa nor returned money— Submission that petitioner had referred complainant to some ‘R’ who had arranged visa and had also sent a guarantee letter for the visa but said person has not even been joined in the investigation by the police, despite having been specifically disclosed as the real culprit, by the petitioner

BAIL GRANTED – Bail—Unnatural Sex—Minor Child—Petitioner submitted that on his refusal to have relations with complainant, who is married but residing separately from her husband, has made a false complaint

By | October 2nd, 2019|Bail|

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September 2019

Bail—Two other cases for dishonor of cheques and one case under Section 420 IPC are pending against the petitioner—These cases are of similar nature as the present case—However, out of 14 witnesses only 2 have been examined till date-Keeping in view that trial to take time and petitioner is not accused of any other serious or heinous criminal offence, bail granted

By | September 17th, 2019|Bail|

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Comments Off on Bail—Two other cases for dishonor of cheques and one case under Section 420 IPC are pending against the petitioner—These cases are of similar nature as the present case—However, out of 14 witnesses only 2 have been examined till date-Keeping in view that trial to take time and petitioner is not accused of any other serious or heinous criminal offence, bail granted

Prevention of Money Laundering Act, 2002, S.45—Bail—Interim bail made absolute—Money Laundering-Petitioner is on bail for the last about 1 year and 6 months and has not misused the concession of bail at any time—Interim bail is made absolute

By | September 13th, 2019|Bail|

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