• Bike accident

Hi sir my brother driving a bike unfortunately one old guy came on road unexpectedly he hit him now they are demanding 1,20,000for hospital fee where us I refused and informed them to file a complaint.i would like to know my brother will get the station bail or not
Asked 4 years ago in Criminal Law
Religion: Hindu

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15 Answers

Hello sir , the offence is bailable therefore he will get bail... However , they can also file a case of accident claim for compensation in court

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Your brother would be granted bail in the event Police complaint is filed against him for rash and negligent driving

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

The bail shall be granted to him in the offence of rash and negligent driving in the police station itself.

Further the family will file a Motor accident claim.case for demand of compensation.

So in that they can claim.the amount for compensation so if vehicle is third party insured the insurance company shall pay the damages and compensation.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Both section 279 and 337, which might be attracted in this particular case, are bailable; and hence, you need not worry.

It is still advisable that you avail the services of a lawyer at any time there's a legal action taken against your brother.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

No he will not get the bail , if they file a complaint unless the injuries are too minor.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Dear,

yes, he will get bail.u/s. 439 crpc bail will granted in such types of cases under motor

vehicle act.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Dear Client

Complaint is not advisable otherwise after filling of charge sheet, court trial and another case of Motor accident claim under M V Act.

Bail will be granted in Police station,

Try for out of court settlement.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Respected sir ....

In your case your brother will get easily bail as it is just a peety offence under section 279 and 337 of IPC ...No need to worry if they file a claim under MACT then bike must have to be insured along with he must have driving license else he is liable to compensate the decese ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

If there is a FIR registered, then he can get a regular bail or even anticipatory bail if police station bail is refused or is not applicable if the charges are of non-bailable in nature.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

1) Yes, your brother will get station bail, however after looking at condition of the old man and police cooperation.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Yes, surely your brother would get bail.

I advice you to record the statement that they are demanding the amount which is much higher than the actual amount been inqurred on the hospitilisation.

After which, you can easily say that the fault was of the old man as it can be seen by their acts that they just want to fetch money from you.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. Station Bail, is NOW stopped. Bail will have to be obtained thru the local court.

2. IF it was an accident, THEN your insurance co. will take care of the compensation payable to the accident victim.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes he will get bail.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Dear Sir,

The negligence is on the part of other person. You yourself lodge a complaint. It is a bailable offence and your brother will get station bail.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

yes he will get the station bail

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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