Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

raj (working)     03 December 2014

Bail in case of section 376

Sir

My relative was booked under section IPC 376,417 and 420. He was accused of above by one of his friends. The friendship was from 1 year and she asked him to marry,but he did not. he does not have any extra relationship with her except as freind. she was treated as family friend but she misused that to black mail him to get marry and when rejected she filed above cases. now he is  arrested and in remand( since 20 days)

1. our lawyer was saying after filing chrage sheet and 164 enquiry form then only bail can be applied and we will have chances of bail

2. How many days it will take for bail and whats the exact procedure

this all is creaiting lot of tnesion....advice us 



Learning

 5 Replies

adv.raghavan (Advocate,9444674980)     03 December 2014

You can ask the counsel to apply for bail in trial court failing which he can move sessions under sec 439 (3) or crpc for bail. No need to wait for mandatory period.

adv.raghavan (Advocate,9444674980)     03 December 2014

Even though all these offence are cognizable and non bailable, but all accused for eligible for bail except for those offences which involves capital punishment or life. so he can try for bail under 439(1) of crpc for bail.

jyotirmaya behera (advocate)     03 December 2014

You can apply for bail in trial at any stage. if court reject your bail then you may go high Forum i.e. High COurt. if court required charge sheet then court passed order for to file charge sheet  by govt .

its batter you contact with you local lawyer

BHUWAN RAJ 09839268489 (lawyer)     21 December 2014

Dear

U can apply for bail at any stage. Chargesheet is not necessary before applying for bail. In case of consensual relationship,bail is not difficult. Don't wait for chargesheet. 164 must have been done by now.

 

Regards

Bhuwan Raj, Adv.

Cell: 09839268489

AS   05 January 2015

Hi Raj,

It is very very tuff to get bail in 376, But i will not say it is impossible.

Try to hire a very good lawyer for this.

Generally i have seen 376 run in fast track and court gives decision rather then bail.

 

charge sheet is not mandatory and bail can be filled at any stage.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register