Bail for against 376 ,420 and 417

Querist : Anonymous (Querist) 23 May 2011 This query is : Resolved
The opposite party file the case against my friend Case Detail Is, one year before The girl was commit sex with him and get pregnancy but at this time my friend told her to "you abort the child after that i will marry you" . So that girl was abort the child with the help of her family.

After the polish investigation polish that girl told her uncle (35yrs old) helps to abort . so Sub Inspector dont get complaint. After that one help of MLA and SP.The opposite party file the case to my friend (376,420 and 417) these three sections.

we are Apply the bail but opposite side party give the again one petition "dont give bail".

Two month is over till now he did not get the bail.

how to get the bail ( The case is critical or my advocate is able to do this ) .

Please help me, How to get BAIL.

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PALNITKAR V.V. (Expert) 23 May 2011
I think your friend should be able to get bail. I dont know if the girl is above 16 years. I also dont know why charges of cheating have been applied. Has your friend promised to marry the girl and then refused to marry after abortion? If that be so, then perhaps the court is not willing to give bail. At any rate, your friend should get bail in HC if not in Sessions Court.

R Kumar (Expert) 23 May 2011
I think in this case medical report is very vital. When this case has been registered Investgating Officer is duty bound to collect medical evidence. In this case abortion is showing that girl is consenting party and there is no case of rape. The basic essential of the rape is sexual entercourse should be done against the will of the victim. It is not on the mercy of the vicitm to say that she has been raped after long time. There is also no case of cheating because this is the case regarding property. In your case there is no delivery of any property. So I think your case has not been placed properly before Hon'ble Court or there is some more fact which is not in your knowledge. I would like to advise you that arrange renound criminal Advocate and arguement should be made logically before Hon'ble Court. Your friend will get bail. Don't make second bail application in the same court try to seek bail before appellate Court.

M/s. Y-not legal services (Expert) 24 May 2011
Sorry mr.kumar sir. Are you right? Your explaination is something differ from others.

Querist : Anonymous (Querist) 24 May 2011
Thank you for your valuable opinions but that girl give her age 17(running) at the time of given complaint. I think she have above 18yrs. i tried get her school TC but unable to get. Any legal way get her age certificate.

Past 45 days My friend trying to get bail pls help me.

Thanks in advance
Suresh.M

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