• Accused in murder case

My father has been accused with others in murder case under 302/34 and 27 arms act three days back. He was immediately arrested while condolencing at deceased place only. The case is completely false and regionally politically motivated. He is diabetic and has high b.p. Plz suggest for his immediate bail or any subsequent procedure.
Asked 7 years ago in Criminal Law
Religion: Hindu

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7 Answers

1) your father should contact a local lawyer and apply for bail

2) it should be emphasised that your father does not have any prior criminal record

3)that your father is diabetic and has high BP

4) that there is no evidence against your father in murder case

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Concerned,

If your father has been name in FIR there would be reasons why has he been named in the FIR . FInd those reasons. Once you have the reasons file your fathers bail application, If your reasons are strong then only you can expect Bail from District Judge if not you will have to take bail from High Court.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. if you think that case is false, you can challenge FIR under section 482 crpc.

2. you have to take FIR, [now accused has right to get FIR] and consult with a good lawyer. if it is infers that no offence is made out by your father you should file case u/s 482 crpc before the high court.

3. at present this is the only remedy.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. If he is named in the FIR he can not avoid arrest even if the case is false.

2. So first take measures to release him on bail. Since his name is mentioned in the FIR it will take some time to get bail.

3. If there is apparent documentary proof to show his non involvement then he can be released on bail at the earlier date. Else it is difficult to get bail beofre 2-3 months.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hi

You have to move the court under section 437 of Criminal Procedure Court and you can seek bail on the following grounds:

1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated, concocted and without any basis.

2. That the police has falsely implicated the applicant and arrested him in the present case, the applicant is a respectable citizen of the society and is not involved any criminal case.

3. That the facts stated in the complainant was also saddened and grieved by the shocking murder and was participating in the funeral/ condolence meeting and had no role whatsoever to be arrayed in the case

4. That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required, nor any recovery is to be made at the instance of the applicant.

5. That the applicant is having very good antecedents, he belongs to good family and there is no criminal case pending against them.

6. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice.

7. That the applicant undertakes to present himself before the police/court as and when directed.

8. That the applicant has high diabetic and high blood pressure, the applicant is in constant need of nursing support and medication.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. Since the charge is under section 302/34 of IPC, it is highly unlikely that he will get bail at thisstage.

2. File the bail application after 60 days and if no charge sheet is filed bybthe prosecution till hen, it will be easier for him to get bail.

3. If charge sheet is filed on time, find out loopholes in the charge sheet and pray for bail and then contest the case fittingly.

4. In such cases, the ro;e of PP is very important. So, try to develop rapport with the PP to ensure that he does not oppose much while your father's Advocate moves his bail petition.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

You should file an application seeking to grant him bail and express that you will provide sufficient solvency for getting him enlarged on bail.

It may not be possible to get him out on bail so soon, but you may file another application gain if this application is rejected or dismissed.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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