Bail aplication
BHARTI KOTHARI
(Querist) 17 August 2022
This query is : Resolved
Accused has been srested for the charge of S.376 and since March 2019 is behind bar. he has preferred bail apllication for bail after filling charge sheed in the year 2021 however it has been rejected. then he has got heart problem and therefore filled fresh bail application on the ground of chnge of circumstances on medical condition and raised the ground of consentful act of the victim and seek bail. Now the judge got convinced on the consenting act but he is saying that accused medical report is coming normal and therefore it can not be change of circumstances and asking how he can entertain fresh bail aplication. here i want to say in previous bail aplication consentful act was not the defence and this defence was raised for the first time and further this bail aplication is filled in AUgust 2022 after 1 year and there is no progress in matter as no charge even has framed. kindly advice
Kappil Cchandna
(Expert) 19 March 2024
Respected Mam,
Fresh ground cannot be considered as change of circumstances, better is you take the dismissal order to Higher Court and seek bail from there.
Thanks & Regards
Advocate Kappil
