July 2019
Permalink GalleryRape–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
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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.
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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
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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
Permalink GalleryMaintenance–Earning Wife-Wife is working as a teacher in a reputed private school-Rightly held to be not entitled to maintenance u/s 125 CrPC and S.24 HMA—Hindu Marriage Act, 1955, S.24. – Minor Son-Father is well established businessman-Award of Rs.8,000/- p.m is certainly not on higher side more particularly when the prices are rising everyday
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Maintenance–Income of Husband- Husband is a well qualified person who did his graduation from IIT Kanpur and M.Tech in Italy-He is paying EMI of about Rs.26000 and rent of Rs. 10,000- -His monthly income assessed as not less that Rs.50,000/- p.m.-Wife held entitled to maintenance of Rs. 10,000/- p.m.
Permalink GalleryProsecutrix after incident did not report the matter to her parents or to the police or even to manager of the guest house or even family friend; Prosecutrix improved her version regarding three dates on which rape was committed; Appellant through his facebook chats proved that prosecutrix was aware of his marital status and children; Prosecutrix denied for her medico legal examination on two occasions-Said act and conduct cast doubt on her behavior.
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Bail- NDPS—Commercial Quantity—Conscious Possession-Petitioner was pillion rider on motorcycle-Debatable question to whether the petitioner is having conscious possession of the alleged contraband which was found in possession of co-accused–Out of 10 witnesses only 3 have been examined so far-Trial to take time-Without commenting on merits, bail granted
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Bail–NDPS–Heavy Recovery-Recovery of 1.5 kgs of heroin-Petitioner was involved on basis of disclosure statement of main accused—Petitioner was not travelling in the bus from where the alleged contraband was recovered-Recovery was made from possession of main accused-Petitioner is in custody from about last 14 months- -Trial to take time-Bail granted
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-Bail—NDPS– Conscious Possession—Recovery of 30 vials of onerex containing 100 ml each and 30 strips of carisoma, 10 tablets each were effected from a polythene bag which was hanging on motorcycle driven by petitioner—Submission that it is debatable whether the petitioner is having conscious possession of the alleged contraband—Keeping in view that petitioner is in custody from about last 8 months, without commenting on merits, bail granted
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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
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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
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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
Permalink GalleryAdditional Evidence-Filling up of lacuna-Defendants were aware of the documents (sale deeds) and failed to place them on record—Such a lacuna cannot be permitted to be filled up even if the documents sought to be placed on record by way of additional evidence are per se admissible being public documents.