• Trap by a girl, section 354,420,506,323,34 IPC

trap by a girl,where she had some affairs before ... now she filed a case against my family complains that my brother married her as a evidence they produced photos ,and me and my mother was threaten her when she said about marriage , As she mentioned same in complaint ,where my brother was not married at all its a broken relationship and where we came to know they are some kind of morphing ,now she failed a case against my mother too,who is an copd patient and on me...under section 354,420,506,323 ipc on 26th July15.
1, As session court rejected a bail twice In this case ,High court of AP granted a bail to my mother and to me.as accused 2 and 3.and rejected bail to my brother !
Orders are expected to come by Monday regard my mother and me.
2,how about my brother bail ? Shall he get AB ? In the same court.? In how many days we re apply in high court .Our advocate told us will apply after 10 days.?
3. Please suggest me how do we get my brother out of this case.
4,after getting bail is any call by police ? We should attend station for any investigation? 
If possible Suggest me best criminal lawyer if any in HC of AP.
Asked 1 year ago in Criminal Law from Hindupur, Andhra Pradesh
Religion: Hindu
1. The HC has denied bail to your brother. So he should move the SC for bail. Once the HC has rejected his bail the lower court will not grant it.

2. Applying for bail again in the HC is likely to be futile, but you can try your luck.

3. Once bail is granted the police can call you for investigation but it cannot arrest you. If you do not appear your bail can be cancelled.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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Hi
 
First of all  try to get the bail for your brother, now again apply  in high court for the bail, if the investigation is over there is a chance he can get bail. 
depending on the evidence of  alleged Marriage what she has given to police other than photographs the case will be made out against you all
The photographs can be disputed as morphing or any other form of editing can create photos.
what are the incidents  mentioned other than criminal intimidation based on  you should defend the matter.
 If you have got the FIR , consult an advocate who is an expert in this matter.
Find an advocate who is  from the area where the court is it will help you to follow up the matter .
You can also see the [possibility of  quashing an FIR, just dont hurry about it depending on the facts of the complaint , statement by the Girl and other witnesses and based on the evidence what you have to disprove them , you can move a quash petition in the high court.  
 The offences mentioned are seriously taken only depending on  the facts of the case , what injury and loss to the victim.
An advocate who sees the FIR and charge sheet will able to tell you the possibilities of the quash petition and the success of the trial.  
 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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2,how about my brother bail ? Shall he get AB ? In the same court.? In how many days we re apply in high court .Our advocate told us will apply after 10 days.?  

Your brother can apply for AB after a lapse of atleast 15 days from the date of dismissal but should secure evidences supporting his pleadings in the bail application. 


4,after getting bail is any call by police ? We should attend station for any investigation? 
Yes, you all have to attend the police station for investigation by IO whenever he summons you all. 

You have already engaged a criminal lawyer for bail purpose, if you feel he is not okay then you can call me, shall suggest you good high court lawyer. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
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1. Since your bother's AB is already rejected he can not apply for AB once again. 
I would advise him to remain absconding till the time of submission of charge sheet. Once it is submitted he can surrender and get bail.
2. Yes after getting bail you should meet the IO whenever called and cooperate with the investigation.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
Dear Querist
as per your information, the High court grant bail to you and your mother and reject bail to your brother then immediately file bail before supreme Court, high court will not entertain the bail again without any change in the circumstances.

He will be grant bail by SC.

after getting bail it may be possible that you or your brother and mother may visit police station for co-operation of Investigation.

Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
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You have not furnished the order in full, you have furnished only the prayer part and the concluding part of the high court order is missing, i.e., 
""The  petition  coming  on  for  hearing,  upon  perusing  the  petition and  the  grounds  filed  herein  and  upon  hearing  the  arguments  of  Sri  .....  Advocate  for  the  Petitioners  and  of  the  Public  Prosecutor  (AP),  for  the Respondent,  the  Court  made  the  following. ""
What was the orders that were pronounced which ought to have been furnished after the word "following"  the contents are missing hence any opinion given on the basis of half information would be misleading or misguiding.
From the prayer part i.e.
""Respondent/Complainant Petition  under  Section  438  of  Cr.P.C.,  praying  that  in  the circumstances  stated  in  the  petition  and  the  grounds  filed  herein,  the  High Court  may  be  pleased  to  grant  anticipatory  bail  to  the  petitioners/accused  1  to 3  in  the  event  of  their  arrest  in  Crime  No.  52  of  2015  of  Chilamathur  PS., Anantapur District""
it can be made out that the bail application is fro three persons, whereas the orders is to be seen for rendering proper opinion. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
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There is no mention in the order about the grant of bail. The subsequent part of the order is missing.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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