AI Overview...
- Section 397 IPC - Main points and insights:
- Section 397 of the Indian Penal Code pertains to robbery with firearms or deadly weapons, and courts have granted bail in such cases based on specific circumstances (IND_HC_HCMA010047312022, IND_HC_HCMD011248072022, 02300000119).
- Bail has been granted even when the accused were involved in serious offenses like robbery, provided there are no incriminating articles, or the accused were not named in the FIR, or the nature of evidence favors bail (IND_HC_BRHC010416262021, IND_HC_BRHC010697892022).
- Courts consider factors such as the absence of prior involvement, non-availability of incriminating articles, and the accused not being named in the FIR when granting bail (IND_HC_BRHC010416262021, IND_HC_BRHC010697892022).
- In some cases, bail was granted with conditions like furnishing bail bonds and sureties, especially when the accused were in custody for extended periods without direct involvement or incriminating evidence (IND_HC_CGHC010299612021, 01720091766, IND_HC_BRHC010697892022).
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The courts have also considered the nature of the offense, previous cases, and the circumstances of arrest, sometimes denying bail if the accused have prior similar cases or if the evidence suggests serious involvement (IND_HC_HCMA011683602021).
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Analysis and Conclusion:
- Courts generally approach bail under Section 397 IPC with caution, especially in serious robbery cases involving weapons, but have shown willingness to grant bail based on factors such as absence of direct involvement, lack of incriminating evidence, or procedural considerations.
- The key considerations include the nature of the offense, the evidence available, the accused's previous record, and whether they were named in the FIR.
- Overall, bail under Section 397 IPC is granted in cases where the court finds sufficient grounds to believe that the accused's liberty should not be unduly restricted, balancing the seriousness of the offense with individual rights (IND_HC_HCMA010047312022, IND_HC_BRHC010416262021).
Search Results for "Bail under Section 397 Ipc"
• India - Madras High Court
T.V.THAMILSELVI, J
BAIL - SECTION 397 IPC - [SUMMARY] The court granted bail to the petitioners who were arrested for robbery under Section 397 of ... Issues: Whether the petitioners should be granted bail in a case of robbery under Section 397 of the IPC. ... Fact of the Case: The petitioners were arrested and rem....
• India - Madras High Court
Honourable Mr Justice A.D.JAGADISH CHANDIRA
BAIL - ROBBERY - SECTION 397 IPC - [The petitioner was granted bail in a case of robbery under Section 397 IPC, subject to certain ... Issues: Whether the petitioner should be granted bail in a case of robbery under Section 397 IPC. ... 397 IPC ....
2011 0 Supreme(P&H) 620 • India - Punjab and Haryana
ALOK SINGH
Bail - Offence under Section 397 IPC - Sections 382, 34 IPC - Section 397 IPC - Section 437 IPC - Section 439(1) - Prahlad Singh ... Fact of the Case: Petitioner was initially granted bail for an offence under Sections 382, 34 IPC#HL_....
• India - Patna High Court
Mr. Justice Purnendu Singh
BAIL - SECTION 395/397 IPC - REGULAR BAIL - ACCUSED NOT NAMED IN FIR - IMPLICATION ON BASIS OF CONFESSIONAL STATEMENT OF CO-ACCUSED ... Fact of the Case: The petitioner was arrested in connection with a robbery case registered under Sections 395 and 397 ... of the Indian Penal Code. ... Case No. 97 of 2019 registered for the offence punishable unde....
• India - High Court Of Chhattisgarh
Hon'ble Shri Justice Parth Prateem Sahu
BAIL - SECTION 394, 397 IPC - SUMMARY - The court granted bail to the applicant, who was accused of robbery and assault, considering ... Final Decision: The court allowed the bail application and directed that the applicant be released on regular bail on furnishing ... a bail bond in the sum of Rs. 25,000/- with one surety in like sum to the satisfact....
2025 Supreme(RAJ) 118 • India - High Court of Rajasthan (Jodhpur Bench)
Mr. Justice Kuldeep Mathur, J
No.196/2015 for robbery under Section 397 IPC, seeks bail on grounds of false implication and recovery of the looted vehicle - The ... (A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - The petitioner, arrested under F.I.R. ... , emphasizing that the findings are limited to bail considerations. ... No.196/2015, registered at Police Station Gudamalan....
• India - Patna High Court
Mr. Justice Sunil Kumar Panwar
BAIL - SECTION 395/397 IPC - REGULAR BAIL - ACCUSED WAS NEITHER NAMED IN THE FIR NOR ARRESTED ON SPOT - NO INCRIMINATING ARTICLES ... CUSTODY SINCE 26.06.2021 - BAIL GRANTED. ... Final Decision: The petitioner was granted bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount ... Case No. 100 of 2019 registered under #HL_S....
• India - Patna High Court
Mr. Justice Sunil Kumar Panwar
Fact of the Case: The petitioner was arrested in a case registered for the offence punishable under Sections 395 and 397 ... 395 and 397 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3/4 of the petitioner is directed to be released on bail on furnishing bail bond of ... The petitioner is in custody in a case registered for ....
• India - Patna High Court
Mr. Justice Rajesh Kumar Verma
BAIL - SECTION 395, 397 IPC AND SECTION 27 OF THE ARMS ACT - CANCELLATION OF BAIL - CONDITIONS Fact of the Case: ... Issues: Whether the petitioner should be granted bail in a case of loot under Sections 395, 397 IPC and Section 27 of the ... Final Decision: The petitioner was granted ....
• India - Madras High Court
T.V.THAMILSELVI, J
BAIL - SECTION 392 & 397 IPC - Petitioner arrested for robbery - Charge sheet filed - Petitioner has previous cases of like nature ... 397 of IPC, for allegedly robbing a lorry driver at knife point and snatching Rs.14,500/- and a cell phone. ... Fact of the Case: The petitioner was arrested and remanded to judicial custody for the offence under Section 392 & ... 392 ....
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