Bhartiya Nagrik Suraksha Sanhita 2023 BNSS—Sections 318(2)/69—Criminal Procedure Code, 1973 (CrPC)—Section 482—The petitioner, Aman Prasad Gupta @ Aman Gupta, sought pre-arrest bail under Section 482 of the BNSS, 2023, in connection with Titabar P.S. Case No. 86/2024 under Sections 318(2)/69 of the BNSS, 2023—The allegations against the petitioner were related to a long-term relationship with the informant girl, during which they had regular physical relations, and the petitioner had promised to marry her—However, the informant later discovered that the petitioner had a ring ceremony for marriage with another woman—Upon questioning, the petitioner explained that his marriage was due to family pressure. The court, after considering the submissions of both sides, emphasized that a mere promise ...

(A) Quashing petition—Code of Criminal Procedure, 1973, Section 482—Quashing petition—Not refunding Advance paid to buy land—Appellants submitted that the charge sheet is vague, filed without proper investigation, and fails to make out any offence—Threat must be with the intent to cause alarm to the person threatened or to do any act which he is not legally bound to do, or omit to do an act which he is entitled to do—Mere expression of any words without any intent to cause alarm would not be sufficient to bring home an offence under Section 506 of the IPC—Material and evidence must be placed on record to show that the threat was made with an intent to cause alarm to the complainant, or to cause them to do, or omit to do an act—Considering the statutory mandate, offence under Section 506 is n...

Indian Penal Code, 1860, Sections 395, 412, 343, 504 and 506—Pre-arrest—Robbery of a beer-laden container, resulting in multiple charges—Several individuals, sought pre-arrest bail—The court rejected bail for due to evidence suggesting their involvement—However, Mahendra was granted bail, with conditions including a bond, cooperation with the investigation, and not tampering with evidence—The court emphasized that these observations are for pre-arrest bail purposes only. ...

Penal Code, 1860 (IPC)—Section 120B, 153(B)(1)(c) and 506(2)—Gujarat Freedom of Religion Act, 2003—Section 4—Pre-Arrest Bail—petitioner's anticipatory bail plea was rejected, but the court confirms interim protection from arrest, allowing bail upon arrest with conditions—Custodial investigation is left to the discretion of the trial court—In SLP(Crl) No. 8492/2022, the case is listed for further proceedings on 27.02.2023. ...

Pre-arrest Bail—Code of Criminal Procedure, 1973—Section 438—Pre-arrest bail—Offences under Sections 406 and 420 of IPC and Sections 3 and 4 of D.P. Act—High Court granted concession of pre-arrest bail to respondents, subject to offered payment—Informant seeks to question order passed by High Court—Determination of—Supreme Court have taken note of said order as available on website of High Court—It is quite intriguing to find that not only amount of Rs. 6,00,000/- was paid by coaccused to present petitioner, but present petitioner in deed accepted offer and received bank draft during course of hearing before High Court—Hence order granting pre-arrest bail to respondents affirmed but, condition therein, of payment of Rs. 75,000/- by respondent No. 2 stands annulled—Petition ...

Code of Criminal Procedure, 1973—Section 438—Pre-arrest bail—State has frankly referred to order passed by a Co-ordinate Bench—Disapproving the proposition adopted in several orders by High Court—Imposing terms of payment for purpose of granting relief of pre-arrest bail and remitting the matter for reconsideration with several observations—Appeal—Supreme Court felt inclined to pass similar order in present matter too—Where High Court has proceeded on condition of their furnishing a bond in sum of Rs. 25,000/- and also depositing  a demand draft in sum of Rs. 7,50,000/- as an ad-interim victim compensation—Validity of—Order impugned modified by Supreme Court—Directions and requirement of order i.e. of releasing the appellants on bail in event of arrest on furnishing bo...