• Bail before the court hearing is possible?

One of my close relative was arrested on 18 Dec on the basis his ex girlfriend' complain. He has been produced to court next day and he has been sent into policy custody till 24 Dec 19.
He has been charged in various section. Including 420. After discussion with girl, she is ready to take her complain back and withdraw the case. 
Now the question is about getting bail on Saturday 21 Dec 19. Is it possible?
If any advocate is ready to take this case I will be happy to appoint his advocate.
Asked 4 years ago in Criminal Law
Religion: Hindu

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30 Answers

The girl.can appear before the van record her statement, the court may grant bail.

Also.consent quashing can be filed before the high court.

 

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) girl can inform poluce in writing that she has settled dispute with her ex boy friend ie accused and does not want to continue the case 

 

2) on basis of settlement arrived at apply for bail before trial court 

 

3) engage a local lawyer 

Ajay Sethi
Advocate, Mumbai
94772 Answers
7543 Consultations

5.0 on 5.0

1. Yes, possible,

2. a bail can be applied on any working day,

3. since, the courts are going to close due to winter vacation still one duty magistrate/judge is always there to attend the urgent matters like bail, stay, appearance, etc

you can contact me for the same

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

You cannot give a general call to all the advocates for this. 

You may have to approach an advocate and file a bail application immediately if not already filed. 

You may look for one in the local itself. 

T Kalaiselvan
Advocate, Vellore
84973 Answers
2204 Consultations

5.0 on 5.0

Yes, on that the accused person can apply for bail on which date the girl will have to remain present and file her affidavit stating no objection to grant of his bail. 

You can contact.

Devajyoti Barman
Advocate, Kolkata
22832 Answers
490 Consultations

5.0 on 5.0

1. Does FIR also involve Section 376 IPC? If yes, it is non-compoundable.

2. You can apply for bail on Saturday if it is a working day in the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

These are serious allegations made against accused 

 

file for quashing in HC based on settlement arrived at between parties 

Ajay Sethi
Advocate, Mumbai
94772 Answers
7543 Consultations

5.0 on 5.0

Since section376 IPC has been impleaded, it will be a little tough to get enlarged on bail very soon.

It the bail application is dismissed in the sessions court, you may approach high court immediately for relief.

T Kalaiselvan
Advocate, Vellore
84973 Answers
2204 Consultations

5.0 on 5.0

See if the girl present herself before court and record her statement then in that case FIR may be quashed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir

You must take the help of a criminal lawyer for your bail matter. In order to get bail in a bailable offence, the suspect has to submit Form- 45 given in the Second schedule to the court in which his case is being heard. The bail cannot be granted without the court's approval

376. (1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

I have dealt with such cases before. False promise to marry amounting rape. There are many latest judgements.

Bail can be granted it all depends on the facts of the case.

you can book a private consultation as this matter of serious nature.

Nitin Jaspal
Advocate, Gurgaon
36 Answers

5.0 on 5.0

Rare possibility that bail will grant. And now police will submit report in court after investigation. So she can deny her allegation false to polcie.

IN court she can appear on date of bail, and submit she has no objection if accused release on bail.

Yogendra Singh Rajawat
Advocate, Jaipur
22647 Answers
31 Consultations

4.4 on 5.0

1. If the sections leveled against him are non compoundable, the she can not withdrawc her complaint.

 

2. If not then he can get bail, based on her affidavit affirming that she had lodged the said complaint out of rage which she wants to withdraw.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

1. Rape charge is non compoundable.offence which can not be withdrawn.

 

2. Your close relative shall have to file a quash petition before the High Court after charge sheet is filed u/s482 of Cr.P.C. duly filing the said affidavit executed by her affirming that she had lodged the said complaint out of rage and the act was con-sensuous.

 

3. He can submit the copy of the said affidavit before the trial court also to get the bail. 

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

1. Magistrate Court is open on Saturday ([deleted]) and bail can be granted since according to a SC judgment, Bail is an inherent right of accused, more so under the IPC sections mentioned by you.  There should be no problems for the same.

2. Engage an experienced lawyer specializing in Criminal matters, by visiting the Court Lawyers room.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. It will not be possible to get bail till your friend is under police custody.

2. He should be in judicial custody for filing application for bail.

3. When you file bail application the bail will come for hearing atleast on next day or one or two days after filing.

4. Girl should appear in person if she is ready go for compromise in complaint then bail should be easily granted. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

yes, you can apply for bail before the hearing date. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Sec 376, 420 are non-compoundable offences only chance of getting it quashed on compromise by the Hon'ble High Court but it depends upon the facts of the case. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

It will be resolved. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

Applyfor bail tomorrow rely upon settlement arrived at with girl 

 

2)obtain in writing  from the girl that she has resolved disputes with her ex boy friend 

Ajay Sethi
Advocate, Mumbai
94772 Answers
7543 Consultations

5.0 on 5.0

Court will send him in jail only if bail not granted. So apply for bail. This is not a crucial stage, apply for bail and change advocate if not cooperative.

Yogendra Singh Rajawat
Advocate, Jaipur
22647 Answers
31 Consultations

4.4 on 5.0

1.  Apply for regular Bail and do not request for Judicial custody. This is not going to serve any purposes, more so specifically since accused was already in Police custody and all relevant investigations, questions would be concluded.

2. Girl compromise statement CANNOT be taken on record, at this stage in the Trial court, since it can be considered only during Trial proceedings.  However a WP can filed in HC alongwith Girls consent affidavit, to quash the police FIR /Charge Sheet /Case, which would be considered positively by HC.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Firstly, if it is a compromise then ask that girl to sign two  affidavits.One for session court and one for High court

2. Then approach high court for quashing of FIR based on compromise.

please book private consultation for detailed information. I can discuss it over the phone and I have dealt with such cases in the past

Nitin Jaspal
Advocate, Gurgaon
36 Answers

5.0 on 5.0

There's no criticality in this case at this stage.

First you get him enlarged on bail.

If necessary let she appear before court and give statement that she has compromised out of court

The court may consider his bail application.

T Kalaiselvan
Advocate, Vellore
84973 Answers
2204 Consultations

5.0 on 5.0

Well, on the basis of compromise obtaining bail u/s 376 IPC is not so easy on early stage because it is not compoundable offense,but later on your Lawyer may get it by own skill.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file for bail tomorrow directly before court after taking vakalatnama signed from accused.

See if girl is ready bring her before the court so firstly the person gets the bail and after same quashing can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can change him. Bail will be granted but it will take time as rape is serious offence

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

Dear Sir,

The procedure for bail depends on whether it is a bailable offence or a non- bailable offence you're referring to. In case of bailable offences even police can grant bail and in case of non- bailable offences bail can by granted by Courts (police can also grant bail in a non- bailable, but such power is rarely used).

Bail is a matter of right in bailable offences whereas it is a matter of discretion in non- bailable offences.

For grant of bail, an application of bail has to be submitted in the court. The court can grant or deny bail but has to record its reasons in doing so.

Bail can be in the form of personal bond or sureties. Also if bail application is rejected by a lower court one might move to a higher court. If the Supreme Court has also rejected the bail application then the person must wait for a change of circumstances and then move a fresh bail application advisably from a lower court again.

Also while an order of conviction has been passed from the lower court , the person may be granted bail while his appeal against the conviction is pending in higher courts.

In case of non- bailable offences the court applies its mind and considers various factors while granting or denying bail to the accused. It must be known that bail is the rule and not an exception as detention of the accused infringes his right to freedom and liberty.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. When he will be produced before the Court tomorrow, bail application shall have to be filed by your Advocate.

 

2. He has ben kept in te police custody for 6 days and all the investigation done by the police is over.

 

3. there is no reason for his further detention even in jail custody.

 

4. Ask your advocate to strongly seek his bail.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

1. Section 376 is non-compoundable.

2. Bail can be applied. Ordinarily in a case under 376 IPC bail is seldom granted by the subordinate courts. You may have to go to HC.

3. You are free to change your lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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