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 […]
The extortionist woman had applied for anticipatory bail. She had been apprehending an arrest because of a complaint registered against her. She had filed a false complaint for rape, unnatural sex, and criminal intimidation against the victim. She had raised an extortion demand of Rs. 15 lakhs. She had honey trapped many other men too. […]
The accused was in jail for more than a month. The victim stated that she had consensual relations with him and she had admitted that she was not under no threat, too. She became physical with the accused 4 times, being well aware of the consequences of doing that. The court acknowledged that she had […]
A bail application was filed on behalf of our patron in this case. The applicant was a distant relative of the husband of the complainant. It was alleged by the complainant that when she was celebrating Holi at her brother’s house, she was joined by the accused and the co-accused. The co-accused, who was the […]
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: Delhi High Court Bench: JUSTICE CHANDRA DHARI SINGH Joy Dev Nath vs State Of N.C.T. Of Delhi on 28 January 2022 Law Point: S. 3(1)(w) Of SC/ST Act Does Not Come Into Play When Offence Had No Reference To Prosecutrix’s Caste JUDGEMENT (THROUGH VIDEO CONFERENCING) CHANDRA DHARI SINGH, J. 1. The present application has […]
Court: HIGH COURT OF MADHYA PRADESH Bench: JUSTICE C.V. Sirpurkar Amit Patel Vs. State of M.P. and another on 9 March 2018 Law Point: No specific allegations about SC AT Act, Physical relations established with consent. Anticipatory Bail granted to Accused JUDGEMENT Shri Anil Khare, senior counsel with Shri Jasneet Singh Hora, counsel for the appellant. Shri […]