Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 365-B, 457, 511

 (a) Criminal Procedure Code (V of 1898) S.497---Penal Code (XLV of 1860), Ss. 365-B, 457 & 511---Abduction, lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment, attempted abduction---Bail, grant of---Allegation against the accused-petitioner was that he trespassed the house of complainant and tried to entice away the sister-in-law of complainant---Perusal of the record showed that no abduction/kidnapping had been committed in the case in hand---Although the petitioner/accused was caught by the complainant trespassing his house, but mere presumption or intention to commit an offence did not amount to be punished under the penal Sections---In such a situation, as narrated in the FIR, Ss.365-B & 511, P.P.C were not attracted in the instant case, while S.457, P.P.C., did not fall within the ambit of prohibitory clause of S.497, Cr.P.C.---Another aspect of the case was the statement of victim of the case before the District and Sessions Judge, wherein she had categorically stated that petitioner/accused did not try to abduct or entice her and contents of FIR were false and concocted---Said statement of alleged victim on oath before the Court of Session Judge made the case doubtful and benefit of doubt would always go in favour of accused being favorite child of law---Investigation of the case was complete and the accused/petitioner was not required for any further investigation in the case, who was behind the bars since his arrest---Application for post-arrest bail of the accused-petitioner was allowed, in circumstances. (b) Criminal Procedure Code (V of 1898) S. 497---Bail---Tentative assessment---Scope---Observations made in bail orders are tentative in nature and should not have any bearing upon the pending proceedings---Trial Court may reach its own conclusions after recording evidence in the case.          Date of hearing: 21st July, 2025.                                                                …