In the case, 376,342 and 120b, three persons were accused and the chalan was presented against the main accused. Other two were PO at that time and IO said that he will submit the supplementary chalan against two persons later. However, the main accused got acquitted in this case and other surrendered after main got acquitted.
So, my query is that two person are in judicial custody from last 90 days and IO has not submitted supplementary chalan till now. Can we get bail under the section 167/2 ?
Yes bail application can be moved by these two accused and even quashing petition in the High Court of the FIR against them on the basis of the relevent facts of the case and decision of the trail court , aquittal of the main accused in the criminal complaint case.