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Rape

(Querist) 09 February 2012 This query is : Resolved 
my frd is in jc her gf filed a rape case against him on promise of marriage. but frd have relation with her without any promise of marriage. now my frd parents looking for his bail. when he can get bail on what are the bases.

when police investigation is over and when he can get bail ? is that posible for his family to get bail from high court ?

V R SHROFF (Expert) 09 February 2012
Pain always follow Pleasure. & vice versa.

After Police investigation is over, he will get bail. grd that his custody is no more required. & ready co co-operate.

want to try this:
Offer girl, with Agreement in writing, ready to marry, provided she withdraw this case, give negative evidence. & after marriage, immediately file nullity of marriage, as agr for illegal consideration of marriage for illegal drop of criminal case.
Advocate. Arunagiri (Expert) 09 February 2012
Whether medical examination was conducted? if yes what is the result.
Devajyoti Barman (Expert) 09 February 2012
Your friend will have to be in custody for some time as bail is not likely to be granted before 40-50 days.
Raj Kumar Makkad (Expert) 09 February 2012
Let the investigation complete and dont expect bail prior to that in such crime.
M/s. Y-not legal services (Expert) 09 February 2012
getting bail is discretion of concern court., if you convinced the court with valuable reason mean you can get bail..

"had relationship without promising about marriage"- its not a valid reason before our [bias] laws..

-tom-
prabhakar singh (Expert) 09 February 2012
I am sorry to note even when query contains SMS language like "frd gf "it has been answered even by YOU Mr.V R SHROFF,if so, then why i was being asked by to copy and paste your inverted sentence every where.I have told you that neither am i opposing nor
demanding any rule and agree to live disciplined but i shall oppose very strongly if they are flouted after declaration.
prabhakar singh (Expert) 09 February 2012
It is not that i do not understand these.It is also not that i asked it to be ruled and is also not that when passed i deny to abide.But it is so that i expect it from every one tempted to answer.
V R SHROFF (Expert) 09 February 2012
Shri Prabhakarji.

I do oppose SMS language, as jointly decided
But even we use it to save our time.

Let us get opinion of all, as otherwise it will reflect , we try to avoid all query.

Kindly bear with few of such query, for the time being.
As the first timer Querist may not know it.
his problem was critical and urgent. he is suffering , for no reason, so I felt like replying at once as a special case. he is in jail.
Kindly allow it.
Adv.R.P.Chugh (Expert) 09 February 2012
Move bail ...at the time of consideration of bail application - the current trend being bail and not jail - the judge is bound to look into the totality of factors - plus whether prima facie there is semblance of a case. Sexual Intercourse is not rape if done with consent. Apparently the girl says that consent was given under misconception of fact i.e on basis of false assurance to marry. Here if the boy is able to convince the court as to absence of any assurance. He might get bail, or go in for this : let them he wanted to marry - but he can't know - hence there is no misconception as he did intend to marry her at that point of time. At most she'd be entitled to damages for breach of promise.
Deepak Nair (Expert) 09 February 2012
shroff Sir,
He may be a first timer, but we can ask him to post query in a proper language as we did for anonymouw queries, like:-
"No answer for queries in SMS language - post your query in proper language"


M/s. Y-not legal services (Expert) 09 February 2012
not yet we execute our code of conduct.. thats the reason for this debate..

-tom-
V R SHROFF (Expert) 09 February 2012
Dear Deepak & Shri Prabhakarji, I called upon all leading experts to give their opinion, and I expect Mr. Tom to analyses, and then we will decide as a code of conduct, YES or NO.

Today we are deciding on Queries raised by Advocates.

We cannot go so fast, and decide anything in hurry.
Devajyoti Barman (Expert) 09 February 2012
Yes since we all committed the same mistake, lets us undertake not to breach out guidelines in future.
Advocate. Arunagiri (Expert) 09 February 2012
I am expecting the new guidelines on advocates query.
Raj Kumar Makkad (Expert) 10 February 2012
I firmly stand with the 'pain' of prabhakar singh.
Sudhir Kumar, Advocate (Expert) 10 February 2012
He will get handful of experienced views that too free. Shall he not have the courtesy to properly word the complaint. It is discourtesy to the expects.


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