How to apply for bail for graft case
My father is ex government employee in state govern mentioned of Uttar pradesh has retired in Jan 17 has now been dragged into a case which has taken two years before and now FIR is filled in that case so how should we approach to get bail or what should we do next
Asked in Civil Law from GAZHIPUR, Uttar Pradesh
On FIR being filed notice would be issued to your father to record his statement
2) apply for bail in sessions court
3) wait for investigations ti be completed and charge sheet filed
4) contest case on merits
1. Getting bail depends on merit of the case and also on discretion of the case.
2. Unless and until the content of the FIR is known it is difficult to advise right now on the merit of the bail petition.
3. However since the case seems to be 2 years old getting bail seems to be likely in your case.
4.Once he gets bail then he will have to contest the case.
5. Quasing is an option if there is no allegation agaisnt your father.
If he too has been arrayed as an accused in the FIR then he should move the Allahabad HC for stay on arrest as there is no provision of AB in the state of UP.
If your father has been named as an accused in the FIR along with others, then he must first obtain anticipatory bail and then face the trial in the court.
He may rely on the facts that is innocence of all the charges for which he has been implicated in the case while he is making the pleadings in the AB application..