August 2019

Bail—Heavy Recovery—NDPS— Recovery of 25 injections of Buprenorphine and 25 injections of Pheniramine Maleate(Avil)— Admittedly the quantity of prohibited substance only, is less than commercial quantity—Bail granted

By | August 12th, 2019|Bail|

Read More
Comments Off on Bail—Heavy Recovery—NDPS— Recovery of 25 injections of Buprenorphine and 25 injections of Pheniramine Maleate(Avil)— Admittedly the quantity of prohibited substance only, is less than commercial quantity—Bail granted

Bail—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—Without commenting on merits, bail granted

By | August 8th, 2019|Bail|

Read More
Comments Off on Bail—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—Without commenting on merits, bail granted

Narcotics—Bail—Canter truck full of poppy husk recovered—Argument for the State that there is heavy recovery, therefore, the petitioner cannot possibly be falsely implicated; is totally irrelevant—Bail granted

By | August 8th, 2019|Bail|

Read More
Comments Off on Narcotics—Bail—Canter truck full of poppy husk recovered—Argument for the State that there is heavy recovery, therefore, the petitioner cannot possibly be falsely implicated; is totally irrelevant—Bail granted

Bail Granted —Commercial Quantity—NDPS—Recovery of 12 injections of Buprenarphine Hydrochloride and 13 injections of Pheniramine Maleate—Injections of Pheniramine Maleate are not prohibited substance under the NDPS Act—Actual quantity of the prohibited substance in the injections is less than the commercial quantity

By | August 8th, 2019|Bail|

Read More
Comments Off on Bail Granted —Commercial Quantity—NDPS—Recovery of 12 injections of Buprenarphine Hydrochloride and 13 injections of Pheniramine Maleate—Injections of Pheniramine Maleate are not prohibited substance under the NDPS Act—Actual quantity of the prohibited substance in the injections is less than the commercial quantity

Petitioner is in custody from last 6 months on mere oral version of complainant—Bail opposed as complainant and victim are yet to be examined and both the complainant as well as the petitioner are residing in same locality—Without commenting on merits, bail granted—Criminal Procedure Code, 1973, S.439—Prevention of Children from Sexual Offences Act, 2012, S.6.

By | August 8th, 2019|Bail|

Read More
Comments Off on Petitioner is in custody from last 6 months on mere oral version of complainant—Bail opposed as complainant and victim are yet to be examined and both the complainant as well as the petitioner are residing in same locality—Without commenting on merits, bail granted—Criminal Procedure Code, 1973, S.439—Prevention of Children from Sexual Offences Act, 2012, S.6.

July 2019

Dowry Death-Bail-Specific allegations with regard to dowry demand of bullet motorcycle are against husband and mother-in-law—It is the later part of the FIR, there is allegation against whole family regarding harassment—Petitioner (father-in-law) is in custody from about last 10 months—Application u/s 319 CrPC is also pending—Trial  to take time to conclude-Bail granted to father-in-law

By | July 31st, 2019|Bail|

Read More
Comments Off on Dowry Death-Bail-Specific allegations with regard to dowry demand of bullet motorcycle are against husband and mother-in-law—It is the later part of the FIR, there is allegation against whole family regarding harassment—Petitioner (father-in-law) is in custody from about last 10 months—Application u/s 319 CrPC is also pending—Trial  to take time to conclude-Bail granted to father-in-law

Rape–Bail-Consensual Relationship-It is not the case where sexual relationship was established on one occasion—Rather, the sexual relationship established on three different occasions-Since the petitioner has solemnized marriage with some other girl, it is, thereafter, the FIR in question has been registered-Culpability of petitioner to be established during trial-Keeping in view that petitioner is in custody for last 4 months and parties knew each other from last 4 years, bail granted

By | July 31st, 2019|Bail|

Read More
Comments Off on Rape–Bail-Consensual Relationship-It is not the case where sexual relationship was established on one occasion—Rather, the sexual relationship established on three different occasions-Since the petitioner has solemnized marriage with some other girl, it is, thereafter, the FIR in question has been registered-Culpability of petitioner to be established during trial-Keeping in view that petitioner is in custody for last 4 months and parties knew each other from last 4 years, bail granted

Dowry Death–Bail–Submission that demand of car after about five and half years of marriage is unrealistic- – Allegation against petitioner(mother-in-law) that on account of beating by petitioner deceased committed suicide as there was demand of car- Petitioner is in custody from about last 8 months—Bail granted.

By | July 31st, 2019|Bail|

Read More
Comments Off on Dowry Death–Bail–Submission that demand of car after about five and half years of marriage is unrealistic- – Allegation against petitioner(mother-in-law) that on account of beating by petitioner deceased committed suicide as there was demand of car- Petitioner is in custody from about last 8 months—Bail granted.

Dowry Death–Bail–No such specific allegation as what dowry items were demanded except in the later part of the FIR that the petitioner has demanded a car-Petitioner (mother-in-law) a lady of about 55 years is in custody from about 11 months-Application u/s 319 CrPC is also pending which would also take time to be decided-Bail granted

By | July 31st, 2019|Bail|

Read More
Comments Off on Dowry Death–Bail–No such specific allegation as what dowry items were demanded except in the later part of the FIR that the petitioner has demanded a car-Petitioner (mother-in-law) a lady of about 55 years is in custody from about 11 months-Application u/s 319 CrPC is also pending which would also take time to be decided-Bail granted

Bail–Submission that as per FIR demand was for motorcycle whereas motorcycle was already given at the time of marriage so there is no question of demanding the same again- -Held; strict culpability is required to be established-Out of 26 witnesses none has been examined so far-Trial to take time-Bail granted

By | July 31st, 2019|Bail|

Read More
Comments Off on Bail–Submission that as per FIR demand was for motorcycle whereas motorcycle was already given at the time of marriage so there is no question of demanding the same again- -Held; strict culpability is required to be established-Out of 26 witnesses none has been examined so far-Trial to take time-Bail granted

Bail-Human Trafficking- Petitioner is in custody from last 15 months and out of total nine prosecution witnesses, two material witnesses have been examined—Bail grante

By | July 29th, 2019|Bail|

Read More
Comments Off on Bail-Human Trafficking- Petitioner is in custody from last 15 months and out of total nine prosecution witnesses, two material witnesses have been examined—Bail grante

Attempt to Murder–Gunshot–Bail– Complainant has turned hostile and the only allegation survives against the petitioner is of firing in the air-Petitioner is in custody for the last more than three years and out of 20 witnesses only three have been examined-Held; considering the custody period and the pace at which the trial is progressing, further detention of the petitioner is not justified-Bail granted

By | July 29th, 2019|Bail|

Read More
Comments Off on Attempt to Murder–Gunshot–Bail– Complainant has turned hostile and the only allegation survives against the petitioner is of firing in the air-Petitioner is in custody for the last more than three years and out of 20 witnesses only three have been examined-Held; considering the custody period and the pace at which the trial is progressing, further detention of the petitioner is not justified-Bail granted

Murder—Bail—Petitioner is a lady, who has recently delivered a child and cannot be deprived of attending her newly born baby particularly when the further custody of the petitioner is not required for any investigation etc–Bail granted

By | July 29th, 2019|Bail|

Read More
Comments Off on Murder—Bail—Petitioner is a lady, who has recently delivered a child and cannot be deprived of attending her newly born baby particularly when the further custody of the petitioner is not required for any investigation etc–Bail granted

Attempt to Murder–Bail~Firearm–Gunshot« Injured victim has retracted from his earlier version-Earlier it was said gunshot was fired accidentally subsequently it was stated it was intentional- -Keeping in view variance in statements, bail granted-

By | July 29th, 2019|Bail|

Read More
Comments Off on Attempt to Murder–Bail~Firearm–Gunshot« Injured victim has retracted from his earlier version-Earlier it was said gunshot was fired accidentally subsequently it was stated it was intentional- -Keeping in view variance in statements, bail granted-

Ilicit liquor-Anticipatory Bail-Interim bail was granted on contention that the recovery of alleged liquor was made from a vacant plot, accessible to all and there is nothing to attach the petitioner with the said recovery-Petitioner has joined the investigation and he is not required for custodial interrogation-Interim bail made absolute

By | July 28th, 2019|Bail|

Read More
Comments Off on Ilicit liquor-Anticipatory Bail-Interim bail was granted on contention that the recovery of alleged liquor was made from a vacant plot, accessible to all and there is nothing to attach the petitioner with the said recovery-Petitioner has joined the investigation and he is not required for custodial interrogation-Interim bail made absolute

Attempt to Murder–Gunshot–Bail–A gunshot was fired by petitioner-No injury was caused to the complainant or anyone else-Submission that no offence is made out u/s 307 IPC as the gun was not aimed at anyone and that parties have compromised the matter-Without commenting on merits, bail granted

By | July 28th, 2019|Bail|

Read More
Comments Off on Attempt to Murder–Gunshot–Bail–A gunshot was fired by petitioner-No injury was caused to the complainant or anyone else-Submission that no offence is made out u/s 307 IPC as the gun was not aimed at anyone and that parties have compromised the matter-Without commenting on merits, bail granted

-Murder–Interim Bail-Marriage of Sister- Petitioner is elder son in the family and his father has already expired- -Held; that not only the presence of the petitioner on the date of marriage is necessary but being the brother, certain arrangements are to be made even on the date of marriage even though younger brother is also there-Petition allowed-

By | July 26th, 2019|Bail|

Read More
Comments Off on -Murder–Interim Bail-Marriage of Sister- Petitioner is elder son in the family and his father has already expired- -Held; that not only the presence of the petitioner on the date of marriage is necessary but being the brother, certain arrangements are to be made even on the date of marriage even though younger brother is also there-Petition allowed-

Murder~Interim Bail-Marriage of Daughter- Trial at stage of recording of statement of prosecution witnesses-Petitioner directed to be released on interim bail to attend marriage of his daughter but while in police custody

By | July 26th, 2019|Bail|

Read More
Comments Off on Murder~Interim Bail-Marriage of Daughter- Trial at stage of recording of statement of prosecution witnesses-Petitioner directed to be released on interim bail to attend marriage of his daughter but while in police custody

Murder–Bail–Petitioner is in custody from last about 17 months-Out of total 24 prosecution witnesses, 13 witnesses including the material witnesses havebeen examined-No connecting evidence has come in the statement of witnesses recorded so far-Trial may take time- -Bail granted

By | July 26th, 2019|Bail|

Read More
Comments Off on Murder–Bail–Petitioner is in custody from last about 17 months-Out of total 24 prosecution witnesses, 13 witnesses including the material witnesses havebeen examined-No connecting evidence has come in the statement of witnesses recorded so far-Trial may take time- -Bail granted