Bail in a false bribery case
My uncle got traped and wrongly framed in a bribery case. Out of personal vendetta, a person framed him and the anti-corruption bureau caught him with Rs.4000. Just after that,a raid was conducted at his house but the acb found nothing to substantiate the claim that he had been taking bribes all his life. The officer rather said that the case looks false but because he has been caught red handed, they took him into custody. Can you please help me out on how much time will it take to get him bailed out and what should be our next actions in order to get him acquitted? Please help sir!!
Asked in Labour from Jamshedpur, Jharkhand
1)you said your uncle was caught red handed taking rs 4000 by ACB
2) apply for bail before the court . time taken for obtaining bail only local lawyer can guide you
3)your uncle should wait for charge sheet to be filed
4) contest case 0n merits before trial court
5) if there is no evidence against him uncle would be acquitted
Yes sir. The file forwarded by the person had 4000 in it. As soon as he left and uncle took a look at the file, he took that money out and the acb stormed in. Thats how he got framed. Also at his residence, no money or jewelry or property papers etc was found. The officers themselves said that he lives a very very simple life and the complaint stating that the complain stated he lives a lavish life and has an empire of his own etc. looked false when they investigated. So sir the question is should we immediately apply for bail? It only happened yesterday. Today we will consult a local lawyer. But does the bail looks tough?? he will be granted easily right ??? please guide. Also, how to prove that he was framed and its a false case ?
Asked 12 months ago
1)in your bail application your uncle should emphasise on fact that he had never demanded any money from the complainant
2)that he had just received a file and was not aware that complainant had placed money in said file
3) only when he opened the file he found cash in it
4) that allegations made in complaint that uncle leaded a lavish life syle and had an empire had been found to be false
5) your uncle should get bail from court
Now the stage is applying for bail. If the trial court reject his bail application then file again a bail application before sessions court high court. After getting the bail contest the case on merits before trial court . Narrate all true facts infavour of your uncle and adduce evidence and cleverly cross exam all the witness at the time of trial
Bail in such cases is more often than not denied by the courts subordinate to the High Court regardless of the merits of the case. Since nothing has been recovered from his house there is a fair chance of him getting bail from the HC. Unless the FIR is perused it is difficult to comment with any measure of exactitude.
Can you please help me out on how much time will it take to get him bailed out and what should be our next actions in order to get him acquitted? Please help sir!!
First of all get him enlarged on bail which may be granted in a matter of 14 to 15 days or remand. The other things can be discussed during trial proceedings which may take atleast another two years to come to court.
he question is should we immediately apply for bail? It only happened yesterday. Today we will consult a local lawyer. But does the bail looks tough?? he will be granted easily right ??? please guide. Also, how to prove that he was framed and its a false case ?
The bail application can be moved immediately though the court generally grants it after at least 14 days of remand.
The false case and other issues can be decided only after the charges are framed and the statements of witnesses and accused are obtained by the investigating officer. This can be taken up during trial which will take at least two years to come to court.