• Bail

My Nephew went to Agra for Vication with his friend on 13 Sep .in evening his friend has fight at petrol pump due to that salesman fracture his hand.they call police & they arrested them...but my nephew was not involved in that fight but police lodge compliant against both of them IPC-323 & 406 .please suggest how to get bail for him as they given court date of 6 oct 2017.
Asked 8 years ago in Criminal Law
Religion: Hindu

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10 Answers

I guess the FIR was registered at Agra only and therefore your nephew will have to mark presence before the court at agra on next date. Also you may take a chance and file a petition for FIR quashing in the High Court.

The same will have to be moved with help of a local advocate.

Let me know if I can be of further help.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Section 323 IPC provides that Whoever, ,voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both

2) It is bailable as well as compoundable and triable by any Magistrate.

3) action 406 of IPC Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”

3) it is non bailable

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
99844 Answers
8148 Consultations

You must apply for and obtain anticipatory bail from sessions court as section 406 IPC is non bailable

Ajay Sethi
Advocate, Mumbai
99844 Answers
8148 Consultations

Your nephew would have gotten bail in the station itself, if your lawyer had moved for bail swiftly. You do not have to wait for next call on date issued by court. Approach any local lawyer immediately for the bail.

You can discuss with me, In case if you need any more info.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Hi, in UP anticipatory bail is not allowed .. So you have to file regular bail .. Is he under arrest ? File the bail applicatin on 6th .. If he has no previous criminal record then he will get bail .. Nothing to worry

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. I wodner how 406 applied in his case.'

2.Anyway I am sure the complaint with be full of lies and science both of them were in vacation there should not be any difficulty in getting bail.

3. Only 406 is non bailable here and the same is not applicable if there was fight .

4. So engage a good advocate who would surely get bail for them.

Good luck.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1. Apply for bail under 439 CrPC.

2. The court date may be any, but that does not mean that he cannot file a bail application before the court date. The offences are not heinous, so the bail may be granted.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Surrender before the court, if he hasn't been arrested and obtain bail.

If he's in custody, apply for bail in the lower court.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

In UP there is no provision for anticipatory bail, hence they both have to surrender themselves before the court and get enlarged on bail before the date of hearing.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

Please suggest

Engage the services of an advocate in the local and get the job of getting them enlarged on bail accordingly.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

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