• Bail in case of crime under IPC section 324/325 and 376

My cousin had been accused of the some sexual offense against a minor ,maid's daughter,since 2010 and case was impending on him under IPC 376.  He was out out on bail and had been on hearings regularly since then. But now  he has been booked under 376 and 324/325 as well and the bail application was rejected. Please guide what are the consequences now n what action can we take in defence?
Asked 1 year ago in Criminal Law from Bhind, Madhya Pradesh
Religion: Hindu
1. It is not clear as to whether he has been booked for the second time in another offence or not.

2. If he has been booked in fresh offence then getting bail would be a difficult task as he is repeat offender.

3. When trial begins he will have to put his defence as per merit of the case.

4. Bail application once rejected can be applied for again.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1. Both the charges under te additional sections are non bailable,

2. Engage an experienced criminal lawyer to defend your cousin and file bail application on the ground that additional charges have been levelled after a liong time and there will be no additional investigation required and also that your cousin will have no scope to destry any evidence, influence the witness and run away.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. The bail was bound to be rejected in view of the gravity of offence as it is a prosecution for rape and that too of a minor. The courts are very strict in cases of sexual offences, more so against minors.

2. Now that his bail has been rejected by the lower court he should immediately move the higher court for bail as the sword of arrest is hanging over his head. There is no other legal recourse available to your cousin.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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If bail is rejected from court of session then you should approach to high court, but at this stage it is tough to get bail from high court also. you should wait till the submission of charge sheet. If you can manage police authority and able to place some evidence in your support then you can get bail after submission of police report.
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
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The consequences if the bail has been rejected is that ur friend can be arrested by the police and be put behind bars. Has the chargesheet been filed? Has the trial commenced? If that has been done, bail application can be filed in high court.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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Dear Querist
apply for bail before High Court and try to get the same.

defense action can be taken or not it will be advised after getting detail facts of the cases.

hence, contact a lawyer personally or over the phone, it will be better,
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. Your cousin has already been enlarged on bail even after his rearrest,

2. So, 90% problem is over,

3. It will be very difficult to prove charge u/s 328 at such a delayed stage when medical examination is not possible,

4. You cannot revise the section added by the session Judge,

5. The prosecution shall have to prove the charge wherein your cousine  shall have to defend him through his lawyer,

7. Engage an experienced local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Whenever charge is altered it becomes appealable order. If you feel that judicial mind did not apply in amendment of charge then superior court has power to re examine the evidence and pass appropriate order. You should file appeal before high court annd challenge legality off court proceeding. Kanu singh vs state of punjab, it is held that in offence against the woman charge is altered on evidence other than prosecutrix's statement then it should be scrutinised carefully because addition o f charge at later stage may raise doubt about allegation.
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
If you are aggrieved by the addition of another section by the court then you may challenge it before the High Court which can set aside the order of the lower court.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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