You should get bail as mobile location shows you were not present at the place on date of the incident
2) it is necessary to peruse order passed by magistrate to advice
False case u/s 498, 307, 325, 323, 504, 3/4
Hello esteemed lawyers. My wife had lodged an false FIR u/s 498, 307, 325, 323 and 504 under section 156(3). Police after investigation found that 307, 325 and 323 were false and were not proved and did not include in chargesheet. The facts are as follows: 1. Mobile locations of my family clearly show that we were not present at the place of incident on the alleged day of incident. 2. CCTV footage of our home clearly shows that we were present at our home whole day. 3. My wife's mobile location records clearly show that she was present at her parents' home and visited the place of incident with her brother. All of us had got bail, but the opposing party got an order from sessions court advising the trial court judge to reconsider the FIR and chargesheet. The judge in her order has now reinstated 325 and 323 in addition to 498 and 504. Please suggest 1. How easily can we get bail again? 2. Why did the judge reinstate the section 325 and 323 when there is clear evidence against the same? The order does mention that we can challenge these sections in trial.
Asked 11 months ago in Family Law
Religion: Hindu
14 Answers
There is no need to obtain fresh bail as bail obtain will continue. Judge has such power to add charges deleted by police in FIR. If you want to delete added charges you can approach High Court for quash of added charges or even for all charges in FIR.
1. Since you have already on bail so no fresh bail is required to be obtained.
2. Filing the case, challenging the order etc are your rights and you donoy require any direction or order to challenge the sections in trial or revision etc. You have every right to defend your case and to prove your innocence.
Since case seem to be at initial stage so go with trial only and donot challenge incorporation of new sections. Faulty charge will brightened your scope. You seem to have good case.
You can get the bail
judge has powers to do that if ingredients of said offences are made out. You can challenge the same before HC. Also you can also challenge it during framing of charge
Do medical report include serious injury ? Bail depends on nature of injury and your involvement in crime.
Further charges can be added only on framing of charge and not otherwise.
Session court order is vitiated by due procedure not followed.
Hello. I would like to share some additional details as well: 1. Trial judge has mentioned clearly in the order that the bail stands cancelled and that we should surrender on a given date. 2. The injury is not serious. Its a hairline fracture in right hand wrist. 3. The whole point is that when the injury happened, my wife was with her brother, and all of us were present at our residence, about 70 km away from the place of incident. This is corroborated by the mobile phone location records as well as cctv footage. My question is: 1. Why was the bail cancelled if the newly added sections, 325 and 323 are also bailable? 2. Can the opposing party again oppose the bail, considering they have already done so? 3. What are my chances of getting bail again? Thank you.
Asked 11 months ago
Surrender and apply for fresh bail
prosecution can oppose your bail but you should be granted bail
If bail cancelled then you need to appeal against the order or surrender.
What weapon used ?
Minor injury, bail may grant.
Take plea of alibi and apply for discharge.
325 - Non bailable.
2. Yes through PP not via private advocate.
Records and case file with orders are required to be examined. As per law once bail is granted in one FIR then if trial court add new charges at later stage at the time of framing of charge or even after trial then no fresh bail is required to be obtained. Nevertheless 325 and 323 are bailable offences. Either of 325 or 323 can only be added. Rest your reason as given in para-3 reason given in support of your innocence is a matter of trial and you will get full opportunity to prove your innocence.
1. Without examining records it is not possible to explain reason of cancellation of bail.
2. Yes, through state advocate.
3. Bright chances of bail, however, merit is required to be examined.
1. Both sections are bailable , hence you can get bail
2. The judge has taken plea that there is something which shows the incidence , however if the police report is showing something else , then she cannot get any relief against you .
1. Since, earlier you was on bail under the different sections and which are dropped , then for getting bail under these new sections your appearance is needed before the court.
- However, your bail should not be rejected at any ground.
2. Yes, she can oppose , but the chances are with you to get the bail
3. You will get bail, however you should submit the earlier bail order with this application for bail.
1. Since you have already got enlarged on bail for the offence under section 498A, you can file an additional bail application for section 325 and 323, if the earlier bail application did not include the said sections.
2. It is not known what was the reasons stated in the order by the appellate court, hence it would be pertinent to peruse the same to give any opinion in that regard
1. If the trial court has cancelled the bail then you may file a fresh bail application or an appeal before the high court giving the said reasons as additional pleadings in the appeal for bail.
2. Yes, they have rights to do so, which cannot be prevented by you, but your advocate has to overcome that objections based on the facts and merits in your side.
3. Mostly high courts grant bail
Hello...
Rather than filing for bail ....you may file Anticipatory Bail also....
And if you file bail again there are chances that you will get bail...
Yes bail can be opposed by the opposite party....if they wish
Thank You
Getting Bail Again: The cancellation of bail by the trial judge means that you will need to apply for bail again. The likelihood of obtaining bail will depend on various factors, including the evidence presented, the seriousness of the charges, and the discretion of the court. If the newly added sections (325 and 323) are also bailable, you may be able to apply for bail again. Your lawyer will be able to guide you through the process and present the necessary evidence to support your bail application.
Reinstatement of Sections 325 and 323: The decision to reinstate sections 325 and 323 by the judge may have been based on the opposition's arguments or other factors presented during the proceedings. The judge may have considered that there is enough material to warrant the inclusion of these sections in the chargesheet. However, the judge has also mentioned that you can challenge these sections during the trial. Your lawyer can evaluate the evidence and present your defense against these charges during the trial proceedings.
Bail Cancellation and Chances of Getting Bail Again: The cancellation of bail may have been based on the judge's assessment of the evidence and other factors in the case. When applying for bail again, your lawyer can present the evidence that supports your defense, such as mobile phone location records and CCTV footage, to demonstrate that you were not present at the place of the alleged incident. The chances of obtaining bail will depend on the specific facts and circumstances of your case and the discretion of the court.
