Police arrested innocent people under section 302
I am from Delhi. My family lives in Bihar. We are from a educated Brahman family but near at our home in Bihar, neighbors are mostly not educated. There is a college near at my home. Yesterday at 7th Nov. 2016, morning one of our neighbor's son found dead in the back side of the college. When his body found, his mother suddenly started abusing our family and started crying that our family has killed his son. Reason behind few months before my aunt verbally complained about misbehaving of the same guy. Few months before, he misbehaved with my cousin sister which is 15 years old. We didn't complained the same with police by taking care of the reputation of our family.
Now because of this, the murdered boy's (23 Years) mother accused my whole family and police arrested my father and 2 uncles. Again I want to let you know sir that my father and uncles can't even abuse someone. They have not even slapped anyone in his whole life. They are in very bad condition under police.
I am not very much aware with the law system and can't even think what to do next. So, I am begging your help.
Asked 9 months ago in Criminal Law from Sitamarhi, Bihar
1) apply for bail of your father and uncles in local court
2) if bail application is rejected appeal before the sessions court
3) contact a local lawyer
Since they have been arrested the first priority should be to bring them out on bail, which will be difficult as it is a case of homicide, but if you can show that the prosecution has no evidence whatsoever to link the accused persons with the crime then they may get bail. Be prepared to move the High Court for bail as bail in such cases is seldom given by the lower courts.
immediately contact a lawyer with the copy of FIR and try to got other documents and apply for bail as soon as possible. because when the police will appear before the court along with your father and Uncles then the police demand Police remand of all the accused for recovery of weapon or another things by was the murder has been committed.
if your lawyer get an positive order in Remand then your chance to win the case will be strong
after getting bail fight the case on merit.
Feel Free to Call
Advocate, New Delhi
Mere accusations will not end in conviction of an accused person, the complainant (mother) must provide evidence in order to get conviction order to your family members, if not they are bound to be acquitted or discharged for lack of evidence or proper witnesses.
In any case if the police have not yet arrested your family members on the complaint, you can procure an anticipatory bail to all of them, or if they have already been arrested then you can obtain regular bail from the jurisdictional court which sent them to judicial custody.
It is better to contact a lawyer within the local jurisdiction and proceed as stated above.
If the police have arrested them on the charges of murder under section 302 IPC, then you canot argue about the genuineness of your people at this stage.
You can apply for bail form them. If it is dismissed by the trial court you may apply before sessions court and from there before the high court if the sessions court also dismisses the bail application.
Whatever you want to say can be presented before the trail court during trial proceedings and try to get acquittal
1. Since it is a murder case, police shall have to act based on the said complaint of the family members of the murdered person.
2. File a bail,petition after the initial just is settled which might be rejected.
3. Police shall have to file charge sheet within 90 days and if they fail, you can file the bail petition and easily get the bail.
4. If police files charge sheet, find out loopholes in it and pray for heir bail after filing bail application.
5. If bail is rejected in High Court, you can approach the Supreme Court.
6. Engage a criminal layer having expertise in this field.
Thanks for your valuable response. On the FIR, it is mentioned that the victim was on the way at 2:00 am and 9 Persons from my family killed him by pressing neck and thrown near at our home (between trees) while he was returning from Chhath Puja Ghat to bring Aggarbatties. Body found at 8:00AM morning. And FIR done at 10:10. Due to some earlier dispute, they named all my family members/relatives (9 Members) as accused who was present at home that day. All allegations are baseless. Even there is no witness of the crime. 3 Person arrested. We applied for bail for 3 arrested person and CJM rejected as this is under juridiction of Session court. on 1st Dec. Bail petition if filed at Session court and court asked for case diary. Next hearing date is 15th Dec.
We are from a reputed family and can't do this type of stupid activity. We suspect that the murder is done because of some other matter that we do not know. My be his family if hiding facts. We requested police that do the investigation on proper manner but seems even police is also not interested to search the person who did the crime. They are just harnessing us as they got named accused.
We are in big trouble as I know all these accused have not committed this crime at all.
Please suggest what to do the next. How to file anticipatory bail for the 6 persons who are not arrested yet. Even police is not able to find any evidence against us. We know they can't because our family members have not committed the crime. But sometimes I am worried that they may frame false story.
Please suggest what should I do. How to get bail.
Asked 8 months ago
sessions court will consider police report on investigations carried on till date .
2) The factors, which are relevant for considering the application for
grant of anticipatory bail, are :
The nature and gravity or seriousness of accusation as apprehended by the applicant;
The antecedents of the applicant including the fact as to whether he has, on conviction by a Court, previously undergone imprisonment for a term in respect of any cognizable offence;
The likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested; and
The possibility of the appellant, if granted anticipatory bail, fleeing from justice.
1. Develop rapport with the police station for getting the case diary (CD) sent to the Court on the next date of hearing to enable you to seek bail for the three arrested persons.
2. Once the main accused are set on bail, other accused can seek AB and if rejected, then apply for surrendered bail.
3. After receiving the Bail, you all can contest the case fittingly.
4. Engage an experienced criminal lawyer to defend you in this matter.
Once again I reiterate that this is not the stage to argue about the innocence of the accused on the basis of the circumstances to get them freed from the case.
You may have to concentrate on the points that need to be argued from releasing them on bail as well as for procuring anticipatory bail.
It is routine that police will not take any interest in finding out the truth or proper investigation to book the actual culprits at this stage.
For the present they would like to present the accused before court to hush up the hue and cry created due to this murder in their jurisdiction.
Your anxiety will not help you to tide over the present crisis instead it may create problems to you hence better concentrate on getting bail for the accused and prepare a long list to tackle the main case durng trial.
1. Your bail application is listed before the court of Sessions on 15th, so pin your hopes on it. At the stage of grant of bail the court just has to see whether there is prima facie case against the accused and if he is released on bail then is there a likelihood that he will interfere in the investigation by influencing the witnesses.
2. In murder cases the sessions court seldom grants bail, so be prepared to eventually move the HC.
3. Those accused who have not been arrested are free to immediately file for anticipatory bail.