409 IPC

Querist : Anonymous (Querist) 23 August 2010 This query is : Resolved
Hi,
One of my relative has been falsely charged under section 409 IPC vs State of UP. Disputed amount is ~10L. He had surrendered around 5 months back. We are trying for hard for bail from Lucknow High Court. Till now no luck. We don't have any document in his favor. All produced documents are against him.
Judge asked to deposit full money then he may think of bail, but amount is too big for us.
Is there any other ground/way/approach through which we can ask for bail?

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A V Vishal (Expert) 24 August 2010
In case a person is accused of a non-bailable offence it is a matter of discretion of the court to grant or refuse bail and and application has to be made in court to grant bail.
A person will not be released if there are reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (or) Such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non-bailable and cognizable offence.
However a person under the age of sixteen years or a woman or a sick or infirm person may be released on bail.
If, at any time after the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court feels that the accused is not guilty of any such offence, it shall release the accused on bail.

adv. rajeev ( rajoo ) (Expert) 24 August 2010
No way itz court's discretionary power.

s.subramanian (Expert) 24 August 2010
Keep on trying. It is the discretion of the court. Good Luck.

SANJAY GUPTA (Expert) 24 August 2010
whatever be the amount in criminal case is isn't matter, the only thing count is whether prima facie case had made out against you or not, you didnt mention whether charge-sheet has been filed in this case or not.

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