False case of molestation

Guest (Querist) 23 June 2015 This query is : Resolved
We are living in a joint property having dispute with my husband's cousin . last week we were installing a meter in our common passage ON OUR SIDE OF THE WALL and my husbands bhahbi enetered forcibly in our gate and tried to disrupt the work.My husband pushed her out of the gate and then her son came and attacked my husband.They have filed police complaint and we have also filed police complaint Now they are pressurising the police to register a molestation case under 354 on my husband.We are greatly worried , my questions are is it bailable , when should we apply for bail , can anticipatory bail be granted . The police are not telling us much only that there is pressure on them .PLEASE HELP US.

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P. Venu

(Expert) 06 August 2015
The offence is bailable. However, some States have amended the law to make it non-bailable.

However, it does not matter in the circumstances stated.

The distinction between 'bailable' and 'non-bailable' is that in the latter type, it is the Court that can grant the bail, not the police. The Court grants bail at its discretion and given the history of discord between the families and the altercations that has taken place, there may not be any problem in getting the bail.

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