Indian Penal Code, 1860 (45 of 1860), Section 306, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Abetment to suicide – Anticipatory bail – Compromise between parties – On an earlier occasion, anticipatory bail of co-accused was dismissed – Considering the fact that the petitioners and the complainant belong to the same family and they have reconciled the things, petition allowed – Petitioners granted the concession of anticipatory bail subject to the conditions envisaged under Section 438 (2) Cr.P.C.

(Para 8)

Indian Penal Code, 1860 (45 of 1860), Section 366-A IPC (Section 363 IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Kidnapping – Procuration of minor girl – Regular bail – Compromise between parties – Petitioner ordered to be release on regular bail.

(Para 4-8)

Indian Penal Code, 1860 (45 of 1860), Sections 406, 420, 467, 468, 471, 506, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Cheating and forgery – Anticipatory bail – Compromise between parties -- Contends that the FIR is the outcome of a monetary dispute between the petitioner and respondent No.2 (complainant) which has been resolved, who contends that the matter has indeed been compromised – In view of the submissions Court deemed it a fit case to grant the concession of anticipatory bail to the petitioner.

(Para 2-8)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Third regular bail application -- Rape case – Prosecutrix turned hostile -- Similarly, her husband also resiled from the statement recorded earlier before the Addl. Sessions Judge -- Petitioner is stated to be the husband of the Bua – Since the parties are closely related and the complainant had not supported her own case, Court is of the opinion that no tangible purpose would be served by keeping the petitioner in further custody since the trial is likely to take some time to conclude.

(Para 2-4)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 336, 323, 341, 427, 506, 148, 149, 120-B (Section 325 IPC added later on) -- Arms Act, 1959 (54 of 1959), Section 25, 27 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Compromise – Regular bail -- Petitioner has been in custody for the last 03 months and 07 days – No role attributed to the petitioner for causing any injury to the complainant -- Parties have compromised the matter -- Keeping in view the prevailing COVID-19 situation and the fact that trial may still take some time for its conclusion, court feels that there is no need to detain the petitioner any longer -- Petition allowed and petitioner is ordered to be enlarged on bail.

(Para 4, 7)

Indian Penal Code, 1860 (45 of 1860), Sections 376(2)(f), 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case – Victim resiled -- Petitioner has been behind bars for a substantial period of more than 1 year -- Further detention of the petitioner will not serve any useful purpose -- Petition accepted and the petitioner is ordered to be released on regular bail.

(Para 1, 6)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 365, 366-A, 376, 467, 468, 420, 471 – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- POCSO case – Rape and kidnapping – Regular bail -- Detention for more than six months – As per Voter I. Card and statement given by her before the Ld. Chief Judicial Magistrate/Duty Magistrate, her Date of Birth happens to be 07.08.2001 -- She further stated that she had married the petitioner at her own will on 13.10.2020 and wanted to live with him – Prosecutrix is now residing with her parents, it would be fair to assume that the petitioner even if now released on bail would not be in a position to exert any undue influence or administer threat upon her -- Trial is likely to take its own considerable time to complete due to ongoing covid-19 pandemic, the prayer of the petitioner for regular bail is allowed.

(Para 1-3)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 6, 8 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- POCSO case – Hostile witnesses -- Regular bail -- Prosecutrix and her mother have not supported the prosecution version while appearing in the witness box and have been declared hostile -- Petitioner has been in custody since 13.1.2020 -- Trial will take time to conclude because of Covid-19 pandemic -- No useful purpose would be served by keeping the petitioner behind the bars – Petition allowed.

(Para 1, 6, 7)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366, 376 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- POCSO case – Rape – Regular bail – Compromise -- Since the investigation is complete and the challan has already been presented and a compromise has been arrived at between the parties, no useful purpose would be served in keeping the petitioner behind bars -- Petition allowed and the petitioner is directed to be released on regular bail.

(Para 4)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A, 376, 376-D -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 6, 17 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- POCSO case – Rape – Regular bail – Compromise -- Parties are stated to have amicably resolved their issues and while also noticing that the petitioner in any case has been behind bars since the last about 10 months, further detention of the petitioner will not serve any useful purpose -- Petition, as such, accepted and the petitioner is ordered to be released on bail.

(Para 6)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4 -- Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A (Section 376 IPC and Section 4 of the POCSO Act, 2012 added later on) – Rape with minor – Regular bail -- Compromise – Prosecutrix is now almost 18, compromise states that the petitioner and prosecutrix were in a relationship -- Petitioner is 24 year of age -- In view of the above, especially when the petitioner is in custody for over a year, he is not involved in any other criminal case, the COVID-19 pandemic and the conclusion of the trial is likely to take some time, Court deemed it a fit case to grant the concession of regular bail to the petitioner.

(Para 1, 2, 6)

Indian Penal Code, 1860 (45 of 1860), Section 376 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case – Regular bail -- Compromise between parties -- Complainant/prosecutrix’s counsel stated that it is correct that affidavit has been furnished by the complainant before the police that she does not want to proceed with the prosecution – Held, there can be no compromise in serious offences like under Section 376 IPC in normal circumstances, however, for the purpose of considering the grant of regular bail various other factors are to be seen, at this stage -- Petitioner is in custody for the last approximately six months and investigation is already complete and report under Section 173 Cr.P.C. stands presented -- Trial of the case may take long time, this Court deemed it fit and proper to allow the present petition.

(Para 6-9)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 506, 511 (Section 367 added lateron) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Attempt to rape – Regular bail – Compromise between parties – Prosecutrix is 36 years of age -- An affidavit was executed by the complainant/prosecutrix wherein she has stated that the parties have since entered into Panchayati Compromise and therefore, she did not want to pursue any further with the proceedings – Concession of regular bail granted to the petitioner.

(Para 7-9)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 -- Indian Penal Code, 1860 (45 of 1860), Sections 363, 366 -- (Sections 376, 506 IPC and Section 6 of POCSO Act were added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case – Regular bail -- Compromise between parties -- Petitioner has allegedly enticed away the victim on the pretext of marrying her -- FIR pertains to July, 2019 and at that time, the victim was below 18 years of age and now in view of the compromise, she has performed the marriage and is residing with the petitioner -- Petition allowed and the petitioner is granted anticipatory bail.

(Para 1-6)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A, 376-C and 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case – Regular bail -- FIR of 2003 – Compromise between parties -- Incident is 17 years old, the complainant is not willing to pursue the matter, the petitioner is in custody for over 06 months -- Covid 19 pandemic and the conclusion of the trial is likely to take some time, Court deemed it a fit case to grant the concession of regular bail to the petitioner.

(Para 8)

Indian Penal Code, 1860 (45 of 1860), Section 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Abatement to suicide – Compromise between parties – Regular bail -- Allegation that deceased committed suicide on receiving threats by petitioner -- Considering the fact that petitioner is in judicial custody since 10.01.2020; he is not involved in any other case; the trial is not proceeding due to Covid-19 situation and also in view of the fact that matter stands compromised between the complainant and petitioner, the petition allowed -- Petitioner ordered to be released on regular bail.

(Para 5, 11)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A, 343, 506, 376(D) -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 4, 17 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 439 – Gang rape with minor – Regular bail -- Considering the fact that petitioner is in judicial custody since 06.12.2019 and the victim and her father/complainant have not supported the version of the prosecution, petition allowed -- Petitioner ordered to be released on regular bail.

(Para 10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 392, 394, 34 – Robbery and voluntary causing hurt while committing robbery – Compromise between parties -- Regular bail – Petitioners assaulted complainant and snatched Rs.8000/- from him -- One of petitioner took knife out from his pocket and inserted it in stomach -- Petitioners were arrested on 27.05.2020 and challan was presented on 23.7.2020 – In compromise deed respondent No.2-complainant has stated that he has not received any serious injury and the compromise has been effected between both the parties – Petitions allowed, petitioners directed to be released on regular bail.

(Para 3-9)