• Bail

One incident happened with my frnd, he is in para military force... Actually he was on leave and went to market...in market his bike was slightly stuck with a bike person..then there were some talk between them n they just caught the collar of shirt each other...main thing is that he was ASI in bihar police in near by police station bt he was in civil dress so didnt recognize that he is a police man...
The brother of the CISF person was there in market as he saw, some talk is there he just tell his brother to go to home , wy r u quarelling...
Then police came n arrest his bro..n in custody they brutally beat him...
Now tell me sir how i can file bail...bcoz that police has put section 353, 307 etc..
 Plzzz reply...
Asked 1 month ago in Criminal Law from Munger, Bihar
Religion: Hindu

Contact a local lawyer and apply for bail 

 

mention that allegations in FIR are false and state actual facts 

 

also that he is working in para military force 

 

that he has been assaulted in custody . Complain to commissioner of police against those who assaulted him 

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

Where sec 353, 307 attracted. Person was in civil dress and no physical violence happened. Hire any senior lawyer, definite bail will grant.

And also file FIR and writ of habeas corpus for custody torture. Police men not in dress and neither was performing any duty, sec 353 never applies and to attract sec 307 - illusion in this case. There must be al east some grievous injury on vital part of body.

 

Yogendra Singh Rajawat
Advocate, Jaipur
15896 Answers
19 Consultations

4.6 on 5.0

1. If the police man was in civil dress and was not duty at the time when your friend got entangled with the police man then there is no offence u/s 353 IPC committed and the incident does not support charge u/s 307 IPC either.

2. Make a counter FIR against the policeman as well for beating your friend and then go for quashing the charges as both the charges does not apply here.

3. Inform the higher officials of Police and file a writ petition in high court against police highhandedness. 

Devajyoti Barman
Advocate, Kolkata
18424 Answers
261 Consultations

5.0 on 5.0

See since the sections used are grievous there might be chance that he may not get bail from the lower court in case the bail is rejected from sessions court move before high court and put the real facts before the high court and apply for the bail. 

Shubham Jhajharia
Advocate, Ahmedabad
22222 Answers
88 Consultations

5.0 on 5.0

Dear Sir,

It is better to take anticipatory bail in Session Court and file a Writ petition for quashing the FIR. u/s 482. Both sections are serious in nature hence contact efficient criminal lawyer in your area and get his services.

Sec 353 - Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful ...

Sec - Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any ..

Netravathi Kalaskar
Advocate, Bengaluru
4315 Answers
22 Consultations

5.0 on 5.0

- Section 353 makes the offence of assaulting or using criminal force to deter a public servant from discharging his duties punishable. This offence is cognizable, bailable and non-compoundable, and is triable by any magistrate.

- Hence, under your mentioned facts, 353 IPC not made out.

-  Section 307 IPC is cognizable and is non-bailable as well as non-compoundable and is exclusively triable by the Court of Sessions.

- Hence, he should move an application before the Session Court for getting bail , on the ground of false & fabricated FIR. 

- Further, the legal functions of the police are to deal with the detection and investigation of crime, arrest of offenders, collection of evidence etc. 

- In order to keep a check and to curtail the severe problem of police violence or abuse, the Supreme Court of India instructed the government at state and district level to set up Independent Police Complaints Authority.

- Hence, the acts of brutely beating him ,  is against the norms and ethical code of criminal provision.

- He should lodge his complaint against that police official before the higher official of police department there, and thereby lodge an FIR.

- Further, he can also lodge his complaint before the National Human Rights Commission (NHRC) and State Commissions for prevention of violations of human rights as well.

 

Mohammed Shahzad
Advocate, Delhi
1431 Answers
23 Consultations

5.0 on 5.0

1. They cannot keep him in custody for more that 24 hrs without permission of court. 

2. You should send a complaint to SP against officials who have take brother in custody. 

3. You should file bail in sessions court. But bail cannot be filed until the person is sent in judicial custody.

 

Mohit Kapoor
Advocate, Rohtak
5920 Answers
2 Consultations

5.0 on 5.0

If he has been remanded, then he a bail application may be filed in the district and sessions court.

If the bail application is dismissed by the sessions court, then an application for bail may be filed in the high court.

Since the police are involved in the scuffle, it may be a little difficult to get enlarged on bail immediately.

 

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

Bail application should be filed in the district court. If the application is dismissed then file it in the high court.

Rahul Mishra
Advocate, Lucknow
5619 Answers
12 Consultations

5.0 on 5.0

Apply for Bail immediately. 

Accused should approach the higher police officers for registration of  FIR against the guilty police officers who are not on the duty at the time of incident. 

if they do not help you then accused should immediately file writ petition in high court and then the High Court will order the Police to register the offence against the guilty police officers

Mohammed Mujeeb
Advocate, Hyderabad
13080 Answers
4 Consultations

4.5 on 5.0

You can file bail and say that he was provoking and intimidating him. Find out whether he was on duty or not. It will help further for securing bail

Prashant Nayak
Advocate, Mumbai
15888 Answers
28 Consultations

4.6 on 5.0

1. The FIR has to be perused to ascertain how Section 307 has been added.

2. The courts ordinarily do not grant bail for the offence of attempt to murder, more so if the allegations in the FIR are that the accused attempted to kill a public servant. Everything hinges on the allegations in the FIR.

Ashish Davessar
Advocate, Jaipur
27287 Answers
805 Consultations

5.0 on 5.0

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