Guidance needed for fir under 376/323

Guest (Querist) 02 August 2013 This query is : Resolved
Dear Experts,

I'm a resident of Mumbai and was working as an HR Manager at Ahmedabad where I got in touch with a person and eventually started living with him. He promised to get married and later backed out leaving me devastated. I've filed an FIR against him at Ahmedabad under sections 376/323 of IPC. However, the accused bribed the police officials and evaded arrest. Through out he kept maintaining that the physical intimacy was mutual and he'd never promised marriage, whereas I've messages proving it otherwise. He was finally arrested after I tried consuming my life and was behind bars for a month before he was out on bail from the High Court. The accused and his family have made threatening calls to me through unidentified callers to take back the case and move back to Mumbai. Application with regards to this was filed at the local police station at Ahmedabad but to no avail. Since the cops are hand in gloves with the accused, there is no action been taken so far. I've moved to Mumbai for a few days and I've started getting calls even here. Humbly request you to all to guide me on the next course of action to be taken, since this entire incident has affected me great both mentally and physically.

Thanks in advance.

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Rajendra K Goyal (Expert) 02 August 2013
Record all such calls and file another complaint to the police and if no action file application u/s 156(3) CrPC. Take the help of your lawyer.

Guest (Querist) 02 August 2013
Thank you for your response. I believe my lawyer has also compromised with the accused. He easily got bail from the High Court where as I'd not even signed the affidavit opposing the bail. On confronting the lawyer, he said the bail has been passed without any counter arguments and the judge has used his discretionary power to grant the bail.Kindly inform if such a situation is possible. Also, please guide me if I can challenge his bail on the basis of these calls, if yes, how do I go about doing it.

Raj Kumar Makkad (Expert) 05 August 2013
The notice of the bail application might have gone to State Counsel and not to your lawyer so his argument has weight and you need to trust him.

You can definitely can cancellation of the bail of the accused on the basis of those calls and can also file a separate case for criminal intimidation.

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