• Bail in Railway act 143

Sir I M Ramesh Prajapati here. My son has falsely been involved by Railway police under act 143 from Deoria Uttar Pradesh has been taken to Varansi court today. Can u tell me please what is the process of getting bail or disposed off on the spot in court. I want he should not be send to jail matter should finish up in court via bail or disposed off. Kindly advice me the way and solution.
Asked 5 years ago in Criminal Law
Religion: Hindu

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19 Answers

1. Do not worry as getting bail in such cases is easy.

2. Enrage an advocate who would file bail petition u/s 437 CRPC before the court of the Magistrate where he would be produced within 24 hours from the time of arrest.

3. The court at the time of granting of bail is likely to direct furnishing a Bond which your advocate should be able to produce the same.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

section . 143 of Railway Act, 1989 contains provisions for imposing of penalty for unauthorized carrying on of business of procuring and supply of railway tickets. ... This offense is bailable since the maximum punishment is of three years imprisonment or with fine

2) apply for bail in Varanasi court for your son 

Ajay Sethi
Advocate, Mumbai
99958 Answers
8158 Consultations

Kindly clarify whether the seized railway reservation tickets and requisition forms were found in possession of the accused, 

2) burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

 

3) if they fail to do so your son would be acquitted 

Ajay Sethi
Advocate, Mumbai
99958 Answers
8158 Consultations

If he was caught by Railway Police by selling Railway tickets or any other business activities, so under Section one 143 of Railway act,  such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees.

 

First try to solve case today itself and accept the work performed at Railway premises and dispose the case today itself by paying 5K as a fine.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Engage an advocate to get bail for him. There is no need for you to now the procedure. it is th advocate who would be entrusted by you to get bail for your son.

So in stead of writing to us engage an advocate.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Hi 

The offence under Section 143 of Railway Act is bailable. So,

a) please appoint a lawyer immediately and ask him to file the bail petition u/s 437 CRPC today itself at the time of producing your son in the court and 

b) Be ready to pay the surety amount as may be ordered by the judge. 

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2174 Answers
394 Consultations

This is kind of difficult to finish off on one date.

Apply for bail right now. Bail will be allowed 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

After PC you can immediately apply for bail so that he comes out and not sent to JC for further period

Prashant Nayak
Advocate, Mumbai
34646 Answers
249 Consultations

He can admit guilty, court my leave him by merely payign fine. No arrest in such offense, bail will grant immediately.

Don`t admit guilty at present and obtain bail. . 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

- Under Section 143 of Railway Act, , there is provisions for imposing of penalty for unauthorised carrying on of business of procuring and supply of railway tickets.

- Further , this offence is bailable , and the maximum punishment is of three years imprisonment or with fine of Rs. 10,000.00 or with both in case the same offence repeat second time.

- Further , this punishment can be reduced to term of imprisonment of two months.

- Hence, just after moving a bail bond with one surety , your son will get bail , and further you can prayed before the court for dispose off the case upon imposition of fines . 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

Offence is Bailable and you may get him released immediately ,without sending in jail ,from the court upon furnishing cash or sureties.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

It is a bailable offence your son will get bail on the spot when produced before magistrate.

He can confess the offence in charge sheet and pray to court that he should be released just by payment of penalty as per section 143.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

section . 143 of Railway Act, 1989 contains provisions for imposing of penalty for unauthorized carrying on of business of procuring and supply of railway tickets. ... This offense is bailable since the maximum punishment is of three years imprisonment or with fine 

Therefore you can get him enlarged on bail immediately on being presented before magistrate and also to pay the fine to get him out of the case. 

T Kalaiselvan
Advocate, Vellore
90159 Answers
2505 Consultations

If any person purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees.

Since it is a bailable offence, you apply for bail immediately, he will be granted bail on being produced before magistrate.

 

T Kalaiselvan
Advocate, Vellore
90159 Answers
2505 Consultations

you need to file a bail petition and first get him released 

Mohammed Mujeeb
Advocate, Hyderabad
19369 Answers
32 Consultations

Section 143 of Railway Act, 1989 contains provisions for imposing of penalty for unauthorized carrying on of business of procuring and supply of railway tickets.

 

Mohammed Mujeeb
Advocate, Hyderabad
19369 Answers
32 Consultations

If bail is not granted by the railway magistrate, you can approach HIGH COURT ALLAHABAD where you must get BAIL.

Raj Kumar Mishra
Advocate, Allahabad
180 Answers
2 Consultations

He can get away with fine if he confesses and the court let's him go.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Bail can be granted by the concerned court. The case may go on. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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