• IPC 354,506, 294, 323, 34 and posco section 7/8

My family had a quirell with my neighbor and to take revenge my neighbor after 40 days of incident she lodged a case against my whole family i.e. my father, mother and siblings Ipc 354,506, 294, 323, 34 and posco section 7/8. Therefore I was in jail for 5 days but after few days by the grace of almighty ALLAH i got bail. Now on submitting charge sheet by police it is mentioned that the girl is 17 years 11 month and 25 days old means she is minor hence a more charge has been added against me POSCO SECTION 7/8. Now police says that you have to again apply for bail as a more charge has been added. I have no previous criminal record and infect i was in the office at that time which is mentioned in FIR. I also have text message sent by her in which she asked some money otherwise she will again create problem for my family. 

1. I got bail (for Ipc 354,506, 294, 323, 34) before submitting charge sheet and i am still on bail but as charge sheet contain one more charge i.e. POSCO SECTION 3/8. Do i need to apply for bail?

2. How difficult it would for me to get bail, i have no previous criminal record.

3. Suggest me what to do to get bail and it would be possible to me to get bail or not as one more charge POSCO SECTION 3/8.

4. What are the point which i put in front of court to get bail as i already on bail.

5. Please guide me to come out this situation easily, I am also a Master's student.
Asked 11 months ago in Criminal Law from Indore, Madhya Pradesh
Religion: Muslim
1. Nothing to worry , since you are already on bail even on addition of charge you would get bail on applying afresh for the additional charge.
2. You would get easily.
3. You would get bail, no need to worry. The curt readily grants bail for a person who is on bail but charged with additional section in charge sheet.
4. Raise all the points which you took earlier.
5. Follow the replies mentioned above. Consult a good lawyer.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1. For a fresh charge fresh bail has to be sought. Getting bail, more so when the victim is a minor and the accused is accused of outraging her modesty, is never easy unless there is some merit in the case. You may have to eventually move the HC for bail. It is immaterial that you have no criminal past.

2. Apply for bail immediately and produce any evidence which can prove your innocence.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1. I got bail (for Ipc 354,506, 294, 323, 34) before submitting charge sheet and i am still on bail but as charge sheet contain one more charge i.e. POSCO SECTION 3/8. Do i need to apply for bail?
Yes, you may have to get enlarged on bail for the new offences added now.



2. How difficult it would for me to get bail, i have no previous criminal record.
Since you are already on bail for the other offences, it would be easy for you to get regular bail for this offence to by just surrendering before the court and get enlarged o bail the same day.




3. Suggest me what to do to get bail and it would be possible to me to get bail or not as one more charge POSCO SECTION 3/8.
the answer given above is for this question too.


4. What are the point which i put in front of court to get bail as i already on bail.
Should plead innocence of the offence




T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
1)you would need to apply for bail again 

2) you would easily get bail as you have no previous criminal records 

3) you should rely on the fact that the time of incident you were in office as mentioned in FIR 

4) the delay in lodging FIR should be highlighted by you 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1.  She has to be properly cross examined with sets of strong questions into the false allegations and nullify her testimony or evidence an bring to light the contradictions which will help you to tide over her the crisis. 

2.  No, it will not be sufficient, she has to be cross examined and the arguments to be made before court to prove your innocence to the satisfaction of court after which you may be acquitted. 

3.  You can put it before her during cross examination and ask her if it was her own voice, once she admits the same then the evidence shall be used in your favor. 

4. It depends.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
1) girl statement would not be sufficient to prove you guilty 

2) there must be some corroborative evidence 

3) video recordings are admissible in evidence 

4) text messages would help you in proving that false case filed against you to extort money from you 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0

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