June 2019

Cheating-Bail–As per FIR Rs.28 lakhs were given as loan and petitioner had issued cheques for return of that amount but from a closed account-However, there are only two transactions in the bank totaling Rs.2 lakhs—Keeping in view, that petitioner is in custody from last about 45 days, bail granted

By | June 6th, 2019|Bail|

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Murder-Bail-Petitioner was named in the FIR but neither any weapon has been recovered from his possession nor any recovery has been attributed to him~Keeping in view that petitioner is in custody for more than one and half years; without commenting on merits, bail granted

By | June 5th, 2019|Bail|

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May 2019

Rape–Bail–Complaint by husband of prosecutrix—Owner of hotel where allegedly offence was committed stated that prosecutrix came with petitioner and had signed the entry in register- -Thus, the culpability of the petitioner whether it was consensual act or rape is yet to be established during trial only—Bail granted

By | May 29th, 2019|Bail|

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Outraging modesty of women–Kidnapping–Bail–Petitioner was not named in FIR–She has seen petitioners in the police custody and identified them–Statement of prosecutrix that no test identification parade was conducted after arrest of the petitioner and co-accused-Co-accused already on bail-Bail granted

By | May 24th, 2019|Bail|

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Comments Off on Outraging modesty of women–Kidnapping–Bail–Petitioner was not named in FIR–She has seen petitioners in the police custody and identified them–Statement of prosecutrix that no test identification parade was conducted after arrest of the petitioner and co-accused-Co-accused already on bail-Bail granted

Attempt to Murder–Bail-Non recovery of weapon of offence—Allegation against the petitioner is that he caused injuries on the head of the complainant; with kirpan, however, the police has not been able to recover any kirpan from the petitioner-Bail granted

By | May 21st, 2019|Bail|

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Abetment to Suicide-Summoning of additional accused—Anticipatory bail-Deceased died unnatural death after almost 11 years of marriage—Prosecution failed to convince how deceased has been forcibly administered the poison as alleged; whereas there is nothing suggestive in the post mortem report to that effect—Bail granted

By | May 19th, 2019|Bail|

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Comments Off on Abetment to Suicide-Summoning of additional accused—Anticipatory bail-Deceased died unnatural death after almost 11 years of marriage—Prosecution failed to convince how deceased has been forcibly administered the poison as alleged; whereas there is nothing suggestive in the post mortem report to that effect—Bail granted

Rape–False promise to marry–Bail–Consensual sex-Deposition of prosecutrix transpires that she and the petitioner were in illegal relation-Statement of prosecutrix has already been recorded—Trial to take time-Bail granted-

By | May 17th, 2019|Bail|

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Indian Penal Code, 1860, S.302–Murder–Bail–As per prosecution, petitioner was empty handed and did not cause any injury—Submission that all other assailants had given blows on body of deceased—All material witnesses including complainant have been examined—Trial to take time—Petitioner is in custody from about last 7 months—Bail granted

By | May 12th, 2019|Bail|

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Comments Off on Indian Penal Code, 1860, S.302–Murder–Bail–As per prosecution, petitioner was empty handed and did not cause any injury—Submission that all other assailants had given blows on body of deceased—All material witnesses including complainant have been examined—Trial to take time—Petitioner is in custody from about last 7 months—Bail granted

Attempt to Murder~Bail–Medical ground-­ Petitioner is suffering from problem of piles—Keeping in view the humanitarian grounds and also considering that he is in custody for more than one year; bail granted

By | May 12th, 2019|Bail|

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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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Comments Off on 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

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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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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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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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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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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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