Bail in case us 376/511 IPC

vinod bansal (Querist) 07 October 2009 This query is : Resolved
Respected Members
Kindly send me some citations for bail of Accused (Single Accused case)in a case us 376/511/323/506 IPC .prosecutrix is 40 years old .Thanx Regards
Vinod Bansal Advocate

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adv. rajeev ( rajoo ) (Expert) 08 October 2009
Normally in 376 bail will not be granted because of the nature of the offence. However I try to PM it today only.

Kiran Kumar (Expert) 08 October 2009
Vinod Ji, grant of bail is discretionary right and all depends upon the facts and circumstances of a case.

generally its been a trend among trial courts or sessions courts that the bail is not granted in Rape cases...even on few occassions SC has issued directions to the extent that rather than granting bail, trial shall be concluded as soon as possible.

so if possible look for conclusion of trial as soon as possible...otherwise authorities/ judgments do not help much before Sessions court esp in bail matters.

Raj Kumar Makkad (Expert) 08 October 2009
I agree with Kiran.

Sarvesh Kumar Sharma Advocate (Expert) 08 October 2009
vinod ji, file an application before the court with all the circumstances and grounds bail will allow !

RAKHI BUDHIRAJA ADVOCATE (Expert) 08 October 2009
Sorry, Sarveshji, I don't agree with ur views. It is the direction of the Hon'ble SC that no accused could be released on bail till the evidence of the prosecutrix.

RAKHI BUDHIRAJA ADVOCATE (Expert) 08 October 2009
Its better not to intruppt the court proceedings. There is another way if it is possible then request the court and put charge upon the accused and take an early date for prosecutrix evidence.

Shivasurya (Expert) 08 October 2009
As a lawyer we are in the position of geting justice for our clients, the courts are in the position of rendering justice. So dont hesitate to file bail petition before the court with all the circumstances and grounds for any offence alleged against our clients, bail will be granted. every door will be opened only after knocking it.