Hello,
You may approach the HC and may then request the court to grant you permission for the same. I hope that HC will pass an order seeing the critical medical conditions of the patient.
Regards
CrPC 41 and absence of Anticipatory Bail in U.P.
My brother while riding his motorcycle hit a villager on the highway. The villager died on spot and my brother got injured on his head and is hospitlized currently. He is not in a state to record his statement and as per the doctors, it will take months to return to his normal mental state. The accident happened in the Sitapur district (near Lucknow) of U.P. and the FIR was filed by the other party which directly accuses my brother with the sections 279, 427 & 304-A. We want to shift my brother to Delhi for better medical facilities immediately. Would his shifting create any trouble in the ongoing investigation? My brother is not in a position to sign any document and would definitely not be in a position of physical presence if summoned in near future. Since there is no provision of Anticipatory bail in U.P. right now, and the police is moving ahead with the CrPC 41, what should be the course of actions from our side?
Asked 5 years ago in Criminal Law
Religion: Hindu
14 Answers
UP CM has announced the restoration of anticipatory bail in UP. It may happen soon. Be that as it may in UP once the notice under 41A CrPC has been issued the accused moves the Allahabad HC with a petition for stay on arrest. This is what your brother too should do.
Hello
File a petition in the hc immediately for fair investigation an d arrest stay.
Regards
I must add that since your bro is not in a position to participate in the investigation....the police would not pester him. Although a writ petition should be filed stating the circumstances and adequatevreliec should be sought so that the court directs that he could be shifted to delhi. His immediate family should cooperate in the investigation till he is hospitalised.
Regards
Sir move to high court under 226 and 227 article under writ jurisdiction for anticipatory bail in UP since there no AB provision in CRPC. The high court shall provide relief and give no coercive action till your brother is good and further grant Anticipatory bail
You should file criminal writ seeking stay on arrest of your brother from high court.
Also a petition under section 482 CRPC for quashing of FIR and internal proceedings against you brother should be filed in High Court.
You can shift him immediately and there's no hindrance in doing so.
The Police will act in accordance with section 41 and 41 A of the Crpc since all the offences in this FIR entail and imprisonment of less than 7 years.
Be assured, your brother can't be arrested. When the Police serves you 41A notice, apprise them with the medical condition of your brother.
1. You shall have to obtain a stay order on enforcement of the FIR on your brother who has been hospitalised in a critically injured state from the High Court
2. You can certainly shift your brother to Delhi for his better treatment as there is no order upon him or you restraining his shifting to Delhi for treatment.
3. The subject of his proposed shifting to Delhi hospital may be mentioned before the High Court while praying for the stay order as advised above.
Shifting should not create problems in ongoing investigations
2) Police would issue notice to brother to record his sty
3) enclose brother medical report that he is not in position to record his statement and would take months to be mentally fit
Hello,
File a petition to the CJM or ACJM with doctors certificate where your brother is getting the treatment stating his present condition and ask for transfer to the hospital for better treatment. The court will consider this , if they turned down your plea , file it before the sessions court and hc.
Don't jump to hc at the first place.
Regards
The offence are bailable in nature as such if a notice is served you can provide the investigation officer with details of hospitalisation of your brother and the officer can grant one more date for your brother appearance to record his statement no need to go for anticipatory bail for bailable offence.
Station bail will be granted once your brother appear before IO
Both cases available and at the same time will can be arranged from the police station itself in case police is asking his appearance and it if it is possible otherwise you can produce the medical certificate to the investigation officer in this regard that the condition of the accused is not medically fit to record his statement
1. Saving his life is no more important than cooperating with the investigation.
2. Since he is not arrested as yet, there is no hindrance to shift him to another city for better treatment.
3. In the meantime file a petition for quashing of the case on which the high court can grant stay on arrest.
4. On the basis of his present meDical condition you can seek extension of time to produce your brother later to the police to comply the notice u/s 41A CRPC.
Till your brother is in hospital he cannot be arrested on medical grounds jn the mean time try to talk to police and settle the matter, as the charges in fir are serious, as there is no anticipatory bail in up therefore if your brother is arrested there is nothing you can do but to apply for bail after he is arrested
You can inform police about his present health condition and request them to record his statement in the hospital.
You can also inform police that since he has to be referred t higher medical institution for a better medical treatment, he needs to be shifted hence to conduct the enquiry at the earliest.
Since this is bailable offence you may get bail on the same day.
