Is bail is possible?
rohit
(Querist) 03 September 2012
This query is : Resolved
Dear Sir,
My friend alonwith other 4 friends went to Nirula's restaurant and they had some verbal arguments with the security gaurd. this incident was occurred in noon time and restaurant people called the police and took them to maurice nagar police station, north delhi around 1-2 km away from this restaurant. police took away my friend mobile other 4 persons mobile phones too and dint informed their parents we got to know by Investigation Officer by 11.30 PM. FIR was lodged in 9-10 PM in which they mentioned that incident was occurred in night around 9.15 PM. I have a full dought that charges are framed delibrately against them by restaurant & police. Sections are 452/506/34/342/323 IPC. All 5 persons were presented to the MM court. we hiered separate counsel for my friend and other 4 persons hiered separate. we delibartely hier separate counsel beacuse we know that my friend has clean police record but the other four persons may have police record.we forward bail application in MM court but they sent to JC for 15 Days. Now, I have few queries regarding this please:
1) Now when we can apply fresh bail application next & which court ?
2) As per charged section 452,it is for trespass house forcefully and restaurant people mentioned in their statement that all 5 people forcefully entered the restaurant & kichen and start eating ready food and beat restaurant staff. Can we asked in court during fresh bail application to ask for CCTV footage to verify the complainant statement? Is CCTV footage has legal value?
(3) my friend & other also have computerised bill of that day when they visited the restaurant and it is noon time bill and as per FIR incident occurred in night. Is computerised bill is not important evidence of incidence time & if any person has to enter kichen and eat free food forcefully then why he pay for the food?
(4) so may sections has been charged in this case by police where nothing serious injury to anybody or money robbed. how police can charge so serious charges?
Dear sir,
I request you to guide us how to get our friend out from jail. also advice the importance of legal relevance of CCTV footage & computerised bill in this case.
thanks all & please reply
ajay sethi
(Expert) 03 September 2012
computerised bill is important piece of evidence , it indicates time when you had gone to resturant .
you can rely upon the same in support of your case . if the resturant had CCTV cameras installed you cna request the court to consider the CCTV footage of that night which would indicate you were not present at 9pm to 10 pm when the alleged incident took place
kuldeep kumar
(Expert) 03 September 2012
case will be weak if it cocktail.
rohit
(Querist) 03 September 2012
thanks Ajay Sir for your valuable comments.
Kuldeep Sir - No alcohol found in MLC of all 05 persons.
H. S. Thukral
(Expert) 04 September 2012
Without seeing the full contents of FIR opinion regarding bail on the basis of merits of the case can not be given.
Computerised bill has no value as it does not reveal the identity of the guest. CCTV footage has value.
You can move an application under section 439 CrPC before the session court anytime now.
