Bail Possible or not

Nishant (Querist) 27 May 2008 This query is : Resolved
One person who was not present at Murder Spot( Murder happened on Factory). but he had supported the peoples who have done that in the Frunal of the Murdered Man.

Police has filed 302,172 and 32 act on him.

My Question is : does Bail possible of that person ? And How ?

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Prakash Yedhula (Expert) 27 May 2008
Normally if prima facie material is made out against the accused bail would not be granted pending investigation. It depends on the case of the prosecution as if in case there is a specific overt act against the accused, courts would be disinclined in granting bail as there is a chance of tampering with evidence by the acused if let out of bail. Sometimes, custodial interrogation/police custody would be sought for by the prosecution and they may therefore oposed for grant of bail In many cases of 302, bail would be considered after laying of charge sheet by teh prosecution.

Guest (Expert) 28 May 2008
We can answer this only after FIR is filed where allegations can be gathered. But Bail is diifcult this Charge is framed.

Srinivas.B.S.S.T (Expert) 10 June 2008
Hi Nishant with respect to the sections you have mentioned I doubt whether it is 32 of IPC . I think it should be 34 of IPC. please clarify.

Gulshan Tanwar (Expert) 25 January 2011
Section 32. Words referring to acts include illegal omissions

In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.