Dear sir, a case was registered against my wife for killing her alleged boyfriend buy setting him ablaze AT OUR HOME, but actually he has set him self on fire by coming to our home. but when police arrived in a hospital after 6 hours he take a u turn blame that my wife has called him to bring petrol for her scooty and with same petrol he poured on her and set him on fire by lighter. she is in custody since last ten months once bail was rejected by session court and high court bail was withdrawn because lawyer was not good. now my question is can she get bail from session courts on below mentioned point which came to our notice after bail rejection only. 1. doctor in mlc report has mentioned that patient has poured kerosene oil on himself & set himself on fire 2.both main police eye witnesses are not coming because they all are fake as per dying declaration only my wife & children were present.so how can his wife & cousin came and became a eye witness. 3. no phone call was made by my wife it is proved through call records. 4. death certificate was issued by hospital stating death was due to alleged accident not alleged homicide will this help us.5. his height was of 6 ft and weight was 120 kg and wife height is 5.4 & weight 55 kgs can we raise point how can a lady over power a men and set him on fire & he can,t escape.6. as per dying declaration when he screams of fire our neighborhood came and pour water on him to control his fire while the water was poured by my wife and my son and more over not a single statement of neighborhood people are recorded by police will this point help us. sir please guide can i get a bail from this point in session courts only
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You can get bail on grounds mentioned by you
2) doctor report clearly mention that deceased has poured kerosene oil on himself and set fire to himself
3) you are correct that if as per dying declaration only your wife and children were present then other witness are fake
4) the difference in weight is also material factor
Sir I have consult a doctor and he said if certificate is issued of alleged accident so how can a case of alleged homicide is registered against your wife while in death certificate this option is not selected and they have issues certificate of a accident.
It appears to be bogus case filed against your wife
She should be granted bail by sessions court
Hello,
If the grounds so mentioned by you were not taken by you earlier then you can prefer a bail application before the lower court itself however it is advised that you prefer a bail application in the high court only since it has been once rejected by the lower court.
Please note that the present opinion/response/reply is in view of the limited facts put forth by you and shall not be deemed to be absolute/exhaustive and is only preliminary in nature.
Regards
The points you have given above are some of the valid points that can be taken up during trial proceedings in the court.
However for bail application plea, some valid points can be utilised and in fact since she is inside the prison for more than 10 months, you can apply for bail in the high court which would let her out on the basis of her long custody in the jail.
I have consult a doctor and he said if certificate is issued of alleged accident so how can a case of alleged homicide is registered against your wife while in death certificate this option is not selected and they have issues certificate of a accident. This is a matter that can be taken up during trial proceedings only and not at this stage becasue there will be no one to listen such deep issues of the case.