• Bail

What is the procedure of bail from high court when sessions court rejected the bail already? 
my brother has been arrested one month ago because of IPC 376 alleged by his girlfiend. they were in relationship since last 2 years and girl said in FIR that the boy promised her to marry then raped her. they were working together too. she said that alleged rape was done 2 months back. we have enough evidences like photos of them working together. their call recordings, whatsapp chat, etc.
Asked 6 years ago in Criminal Law
Religion: Hindu

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17 Answers

See if the session court rejected the bail then in that case you need to obtain the certified copy of rejection order of session court and need to file a fresh bail application before the high court under 439 crpc seeking regular bail. You need to engage an advocate at jurisdictional high court to draft and file bail.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See there is no gurantee that you will get bail definitely and of time see some lawyers to get some money from you may misguide you and can take good amount from you. 

In this situation it is better to engage a good reputed lawyer practicing in criminal side there are.good chances you will get bail though it may take some time.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File appeal against sessions court order before HC 

 

2) take the plea that you had consensual sex with no promise of marriage 

 

3) Girl has  given her free , unequivocal consent for sex 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

What are grounds for rejection of bail application 

 

local lawyer can guide you as time taken for obtaining bail from HC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You should apply for bail and file a bail application in the high court tating all the facts and circumstances of the case.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

First of all file a bail application. The case will come on board and the judge will hear it and give orders. This may take some time including preparation of file etc.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. The procedure is simple-you obtain the certified copy of order of sessions court and file the bail application in the HC.

2. If the documents show that they were in a relationship then prima facie it is a false case, hence the HC may grant bail.

3. I cannot speak about time. The court will seek the response of state and then decide the bail application. It may easily take a month or so. Nobody can tell the actual time.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

It may take one week to 15 days for a bail application to be disposed by high court, especially if the police report is awaited then it may extend upto 1 month also. If the sessions court dismisses your application for bail then you may apply for bail before high court.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

- As per Supreme Court , now live-in relationship is not a criminal offence .

- Since, the session court has rejected the bail , then you should to file bail application before the High court , on the ground of consensual sex . 

- Granting of bail , is the discretionary power of the Judge. 

- However , as he is in Jail for the last one month, hence there is chances of getting bail from the High Court. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You need to file a appeal in HC if the same is rejected in session court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

No one can tell you the exact time and if anyone is giving you any timeline then he is fooling you. 

you may get in touch if you want the bail to be filed in Lucknow.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Our office is in Aliganj, you may get in touch.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. In rape cases once a person is arrested he is likely to get bail before 10-15 days and that too difficult from lower court.

2. So apply for bail u/s 429 is the person is in custody or under 438 Crpc  is he is absconding.

3. The petition is to be filed in usual way and there is no special way do so. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If the sessions court had dismissed the bail application, then on the basis of the orders of dismissal you may file a fresh application for bail before high court and explain all the circumstances.

Since he is there for more than a month inside jail, the high court  may consider his application. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You dont have to believe the words of the different lawyers of this forum, you may better contact a lawyer in the local who practices in high court and entrust the bail application.

Whatever is the  procedure being followed by high court would be done in your case also hence dont be confused over this even before filing an application.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

you are advise to approach honorable high Court if the bail application rejected. Within 10 days you may allow to admit on bail for better suggestion contact  local lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The procedure for filing and hearing of bail is mostly same in high court and session court. 

But time court take to decide bail will depends on discretion of court and work pressure of judge in which court the bail is marked. 

Court generally take one week to 15 days for deciding the bail. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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