• Objection on bail order passed by Allahabad High Court

My brother's murdered case happened on 23.1.2016 at 8.30 pm and FIR no. is 40/2016, registered in thana kotwali, jhansi uttar pradesh. Two accused lallu alias noor hasan and dharmendra choudhary were arrested on the basis of mobile location and the crime scene and they accept thier crime. Police investigated the case and collected the the clothes which they bore at the time of crime and hathoda which was used by them and the last witnesses who saw them with the deseased on that day. The case is on trial in the session court jhansi case no. 131. And highcourt of allahabad has given the bail (9396/2017)only one ground which is the fir is launched the unknown person. How can the court avoid and not seen all other main important ground. And now my family is in threat. Plz check the case and help me.
Asked 6 years ago in Criminal Law
Religion: Hindu

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12 Answers

Well,once bailis granted by high court youa re left with two options-

1. Challenge the order of grant of bail in supreme court on the ground that the grant of bail was not right as per merit of the case or

2.To file application for cancellation of bail in the same court if any of the conditions of order of bail is violated by the accused person.

Please Note that custodial trial is permissible only in extreme cases and hence grant of bail after some tmeis rule and not exception.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

Respected sir..

If the court have granted bail to them there might be some loop holes in the case which the Hon'ble court see that is a separate issue ...

But if they have thretend you ..You can file a complaint against them it will help us in two ways one ..The pressure again fall on the accused and second the court can dismis the bail on this ground that they are threatening you ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

If there is a technical flaw in the FIR then the loop hole has been utilised in his favor by the accused to get enlarged on bail.

However there is nothing in law that they cannot be granted bail during the trial proceedings because until they are found guilty of the offences they cannot be convicted, hence as per law the accused has rights to get enlarged on bail.

If you have threats to your life, then you may seek police protection and if the police fails to entertain your complaint you may approach the high court to get a direction to the police in this regard.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

How I stop the second accused person's bail in allahabad highcourt case no. 22320/2016. The next hearing is on 17.11.2017 and my lawyer and govt. Council is not handle the case properly and I think the accused give them bribe for weak the case. Plz help me. Because I am indore and my old father and my deseased brother's children (9 years old, 10 years old) is in threat.

If you suspect the integrity of your lawyer, you can very well change the same and look for another lawyer and file an intervene petition expressing your objections for granting bail to the accused.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Hello,

You may contact me if you want me to look after your case, you may ask your Advocate to appear and defend the same.

Though bail is not usually denied but we can contest the same since it is a henious crime that has been committed. Also you may note that allahabad hc bench hearing bail matters is usually giving bail but I guess your case can be defended well.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

It is necessary to peruse HC court order to advice

2) if you are aggrieved by HC order file appeal against order before SC

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

You ca change your lawyer if you feel he is not handling your case properly

2)just because HC released accused on bail does not mean that your lawyer has been bribed

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

HI,

NO.1 FILE AN APPLICATION FOR POLICE PROTECTION.

2. change the lawyer ..hire a good criminal lawyer ....oppose the bail on 17/11 . the bail may be rejected.

3. File a revision petition of the bail order 9396/2017. contest it and get it rejected.

these cases need lots of courage to contest... so be strong.... law will help you out

Hope I am Helpful

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hi, if one accused is on bail the second will also be granted bail .. You can file a appeal in the Supreme Court against the order of high court

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Sir please hire a good lawyer and file an objection in the e bail case and pray before the court that if the accused is release on bail than he may coerced the witnesses in favouring them.

Furthermore no where in the CrPC it is mentioned that the FIR has to be filed by known associate of the victim.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

5.0 on 5.0

Dear Querist

you may file an SLP against that order of Allahabad High Court or file cancellation of bail application due to threat give to you directly or indirectly the accused person is involved.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Appeal at supreme court for cancellation of granted bail of accused.

For second accused file a caveat in high court.

Narendra Kumar Agnihotri
Advocate, Kanpur
7 Answers
2 Consultations

4.7 on 5.0

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