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Summary on Section 392 Penal Code Application for Bail
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Section 392 IPC & Bail Applications: Multiple cases involve bail requests under Section 392 of the Indian Penal Code, which pertains to theft and robbery. Courts analyze factors such as the nature of the offence, previous bail history, and the specifics of each case to decide on granting bail.
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Granting of Bail:
- Several cases (e.g., HEMRAJ @ HEMU S/O SANJAY SINGH Vs. STATE OF RAJASTHAN - Rajasthan, Deepak Beniwal S/o Dileep Singh vs State of Rajasthan - Rajasthan, MEGHRAJ KOTHARI vs THE STATE OF ASSAM - Gauhati) have allowed bail, often citing the absence of prima facie evidence, bona fide investigations, or the petitioners' innocence.
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In some instances, interim or anticipatory bail was granted or made absolute (MEGHRAJ KOTHARI vs THE STATE OF ASSAM - Gauhati, Vikram Kumar vs State of Jharkhand - Jharkhand), especially when the investigation was ongoing or the petitioner faced no serious threat of tampering with evidence.
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Repeated or Multiple Bail Applications:
- Courts have considered multiple bail applications (e.g., Vishal VS State of Madhya Pradesh - Madhya Pradesh, Deepak Beniwal S/o Dileep Singh vs State of Rajasthan - Rajasthan) and have generally allowed bail if the applicant demonstrated genuine grounds or if previous bail was granted.
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In one case (HASEEB vs STATE OF KERALA - Kerala), the application was dismissed, citing the severity of the offence and the risk involved.
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Special Considerations:
- Juvenile cases (Vikram Kumar vs State of Jharkhand - Jharkhand) involve additional safeguards, with bail granted while considering the juvenile's age and circumstances.
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Pre-arrest or anticipatory bail applications (MEGHRAJ KOTHARI vs THE STATE OF ASSAM - Gauhati, HEMRAJ @ HEMU S/O SANJAY SINGH Vs. STATE OF RAJASTHAN - Rajasthan) focus on preventing arrest when there is a fear of wrongful detention, often granted if investigation appears bona fide.
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Legal Principles:
- Courts emphasize the importance of balancing the rights of the accused with the interests of justice.
- Conditions for bail may include restrictions on movement, non-tampering with evidence, and cooperation during investigation.
Analysis and Conclusion
Applications under Section 392 IPC for bail are generally granted when the courts find no immediate risk of evidence tampering, and the investigation is ongoing or the accused has a clean or minimal prior record. Repeated applications are scrutinized but can be allowed if justified. Courts also consider the nature of the offence, the circumstances of the case, and the applicant's conduct (HEMRAJ @ HEMU S/O SANJAY SINGH Vs. STATE OF RAJASTHAN - Rajasthan, MEGHRAJ KOTHARI vs THE STATE OF ASSAM - Gauhati, Vikram Kumar vs State of Jharkhand - Jharkhand).
References: - HEMRAJ @ HEMU S/O SANJAY SINGH Vs. STATE OF RAJASTHAN - Rajasthan, Vishal VS State of Madhya Pradesh - Madhya Pradesh, MEGHRAJ KOTHARI vs THE STATE OF ASSAM - Gauhati, Vikram Kumar vs State of Jharkhand - Jharkhand, ABUL KALAM AZAD vs THE STATE OF ASSAM - Gauhati, Deepak Beniwal S/o Dileep Singh vs State of Rajasthan - Rajasthan, HARIPRASAD T., vs STATE OF KARNATAKA - Karnataka, HASEEB vs STATE OF KERALA - Kerala
Search Results for "Section 392 Penal Code Application for Bail"
2025 Supreme(RAJ) 1116 • India - High Court of Rajasthan (Jaipur Bench)
MR. JUSTICE ANIL KUMAR UPMAN, J
(A) Criminal Procedure Code - Section 483 - Indian Penal Code - Section 392 - Bail application filed for accused-petitioner arrested ... ... ... Result: Bail application allowed. ... application. ... The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.140/2024 registered at Police Station Gahnoli Mod,....
2022 0 Supreme(MP) 1055 • India - Madhya Pradesh
SUBODH ABHYANKAR
Sections 392 of INDIAN PENAL CODE , 1860. ... This is the applicant's repeat (second) application under Section 439 of CRIMINAL PROCEDURE CODE , 1973, as he / she is arrested in connection with Crime No.937/2020 registered at Police Station Banganga, District Indore (MP) for offence punishable under section_ref ... His earlier bail application, Miscellaneous Criminal Case No.9967/2021 was already allowed by this Court on 23.04.2021. The applicant is in custody since 14.02.2022. ... h....
2024 Supreme(Online)(GAU) 853 • India - High Court of Gauhati
MRS. JUSTICE MITALI THAKURIA, J
(A) Code of Criminal Procedure, 1973 - Section 438 - Indian Penal Code - Section 392 - Pre-arrest bail application - The petitioner ... ... ... Result: Interim pre-arrest bail made absolute. ... the investigation and the bona fide nature of the purchase in granting bail. ... In terms of above, this anticipatory bail application stands disposed of. ... Section 392 of the Indian Penal Code . The ....
2025 0 Supreme(Jhk) 389 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
(A) Indian Penal Code - Section 392 - Arms Act - Section 27 - Bail application for juveniles - In appeals challenging the dismissal ... Section 27 of Arms Act. ... (Paras 12) ... ... Facts of the case: ... The petitioners are juveniles accused under Section 392 of I.P.C and ... 392 of I.P.C and Section 27 of ARMS ACT by which the prayer for bail on behalf of the Juvenile petitioners has been ....
2024 Supreme(Online)(GAU) 884 • India - High Court of Gauhati
MRS. JUSTICE MITALI THAKURIA, J
(A) Code of Criminal Procedure, 1973 - Section 438 - Indian Penal Code, 1860 - Section 392 - Pre-arrest bail application - The petitioner ... , accused of robbery, claims innocence and seeks pre-arrest bail citing lack of involvement and the grant of bail to a co-accused ... (Paras 1-4) ... ... (B) Conditions for Bail - The court sets specific conditions for bail, including ... This application filed under #HL_....
2025 0 Supreme(Raj) 803 • India - High Court of Rajasthan (Jaipur Bench)
MR. JUSTICE GANESH RAM MEENA, J
(A) Indian Penal Code - Section 392 - Bail application - The accused-petitioner filed a fourth bail application after three previous ... application. ... (Paras 6) ... ... Result: Bail application allowed. ... The accused-petitioner has filed this fourth bail application under Section 483 B.N.S.S. arising out of F.I.R. No.252/2024 registered with the Police Station Bayana, Dis....
2024 Supreme(Online)(RAJ) 31294 • India - High Court of Rajasthan (Jaipur Bench)
MR. JUSTICE ASHOK KUMAR JAIN, J
(A) Indian Penal Code, 1860 - Section 392 - Bail application - Petitioners-accused, not named in FIR, claim false implication; investigation ... (Paras 7-8) ... ... Facts of the case: ... Petitioners-accused are charged under Section 392 IPC ... ... ... Issues: The main issues were the legitimacy of the bail application given the petitioners' previous cases and the conditions ... Instant bail application is pr....
2019 0 Supreme(HP) 1505 • India - Himachal Pradesh
ANOOP CHITKARA
discussed the bail application under Section 439 of the Code of Criminal Procedure, seeking regular bail in F.I.R. ... BAIL - Criminal Procedure - Code of Criminal Procedure, Section 439, Indian Penal Code, Sections 302, 392, 201, 34 - The court ... Mandi, H.P., under Sections 302, 392, 201, read with Section 34 of the Indian Penal Code. ... . - The present petition is under Section#HL_E....
2024 Supreme(Online)(KAR) 19198 • India - High Court of Karnataka
M G UMA, J
(A) Code of Criminal Procedure, 1973 - Section 439 - Indian Penal Code - Sections 392 and 397 - Bail application - The petitioner-accused ... application. ... ... ... Issues: The main issue was whether the petitioner was entitled to bail under Section 439 of the Cr.P.C. ... In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioner is entitled for g....
2024 Supreme(Online)(KER) 53431 • India - High Court of Kerala
C.S. DIAS, J
(A) Code of Criminal Procedure, 1973 - Section 439 - Indian Penal Code, 1860 - Section 392 r/w Section 34 - Bail application - The ... ... ... Result: Application dismissed. ... for bail consideration, including the nature of the accusation, severity of punishment, and risk of tampering with evidence. ... O R D E R The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 9th accu....
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