Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
So what is Bail? The word Bail is not defined in CrPC but it has to be understood as a concept. Bail means release of a person from custody of police and his delivery to the sureties who undertake to produce him in court upon appointed day. The jurisprudence of bail deals with the procedural […]
What is Anticipatory Bail? Anticipatory bail means bail in anticipation of an arrest. Any person apprehended under arrest under a non-bailable offence in India can apply for Anticipatory Bail under section 438 of The Code of Criminal Procedure, 1973. It is bail before arrest; a person arrested cannot seek Anticipatory Bail CrPC; he would have […]
Court: Allahabad High Court Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad Nafisa And 4 Others vs State Of U.P. And 3 Others on 16 January, 2023 Law Point: False Rape Case accuser gang bail dismissed JUDGEMENT 1. At the very outset, learned counsel for the petitioners states that he does not propose to file any rejoinder affidavit […]
RAJASTHAN HIGH COURT JUSTICE Pankaj Bhandari BASRAM Vs. STATE OF RAJASTHAN THR. P.P. On 7 March 2018 Law Point: Section 304B — Bail — Dowry Death — Charge sheet not filed within period of 90 days — Date of remand included in calculating period of 90 days or 60 days — Holiday on last day […]
Court: Uttarakhand High Court Bench: JUSTICE U.C. Dhyani Balam Singh Vs. State Of Uttaranchal On 11 August 2015 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Abetment of Suicide — Cruelty — Prosecution not able to prove charges beyond shadow of reasonable doubt — Victim was married to appellant some 8-9 years […]
Court: High Court of Delhi Bench: JUSTICE Mohd. Shamim Jagdish Thakkar Vs. State of Delhi Law Point: In a case under S. 498A and 406 bail cannot be denied only on the ground that jewelry and the dowry articles were not recovered. JUDGEMENT 1. This is an application by the petitioner for […]
Court: Delhi High Court Bench: JUSTICE Siddharth Mridul Naveen Rana Vs. State On 23 September 2015 Law Point: Anticipatory Bail – Pre-arrest bail under Secs. 498A/406/34 IPC – Applicant has joined investigation and cooperating with the police – Proceedings under sec. 498A/406 IPC are not meant to for recovery of jewellery and dowry articles. Applicant […]
Court: Delhi High Court Bench: JUSTICE S.P. Garg Vikul Bakshi Vs. The State (NCT of Delhi) On 19 January 2016 Law Point: The petitioner has joined investigation. The parties were acquainted with each other before the incident. Physical relation between the two took place allegedly on pretext of marriage. Petitioner is granted anticipatory bail. […]
Court:Delhi High Court Bench: JUSTICE Siddharth Mridul Chetan Kapoor @ Vikas Vs. State on 11 September 2015 Law Point: Proceedings under Secs. 498A/406 IPC are not meant for recovery of stridhan. Applicant cannot be denied bail. JUDGEMENT 1. The present is an application under Section 438 of the Code of Criminal Procedure, […]