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nr (mgr)     25 June 2010

Anticipatory bail

Hi All,

I would like to know the chances of anticipatory bail under IPC 420, 468,467, 120B, 34.

In nov 2009 my friend and two others were caught at US consulate in order trying to obtain visa with fradulent documents. One of the accused gave statement that there is one more person who is the main brain child of entire fraud visa obtaining. He named Mr X... there after he changed the statement that no.. its Mr Y who is the brain child..

Recently he framed my name said ...no its not Mr Y .... its Mr Z (thats me)... and I am the final one now..

Now police is lookingg for me for arrest.... I work for a reputed company at respectable job... I am told that chances of anticipatory bail is less...

My friend (accused) was blackmailing me that i should give him money or he will involve me but I didnt give him any money...

So please help me in understanding whether i will get Anticipatory bail or not ?? its question of my career

Regards,

NR

 

 

 

 

 



Learning

 9 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     25 June 2010

That's a chance you will have to take .... there are no fixed rules for granting anticipatory bails ... depends on the facts & circumstances of the case .... like whether investigation is complete or not  .... whether there chances that the accused may hamper the investigation if they remain free or they may threaten witnesses ... whether accused are permanent residents and/or is there any likelihood that they may elude/evade the law ... etc ... U are involved in serious case of cheating & forgery and that too a main culprit .... the alleged brain behind the offence .... so it all depends and one cannot guarantee you grant of anticipatory bail without having the full facts of ur case and the current progress of the case .....

1 Like

AA RAMAKRISHNAN (SR. ADVOCATE)     25 June 2010

Dear Member:

The offences are serious in nature.  Your arrest and custody is required for the purpose of investigation.  The investigation involves so many aspects.  Gravity of the offence is most imprtant.  They suspect a racket behind the crime.  Since it is a matter of visa to US investigation may lead to that destination also. If you have no connection whatsoever in the episode you need not worry, otherwise go for legal help. Anticipatory bail will be granted if you can convice the court that :

Your arrest is not needed and the investigation is complete

You are not going to run away from the country

You wil not tamper with any evidence

You may co-op with the investigation

Nothing extra material to be recovered

and if you can prove that you are not at all involved in the crime

 

Thanks

AAR. Krishnan

1 Like

Anmol Sharma (advocate)     25 June 2010

yes, charges are serious... but you friend has been changing statements quite often.... has charge sheet been produced..

1 Like

Bharat Bhushan (advocate)     25 June 2010

I think only regular bail is possible.

1 Like

nr (mgr)     25 June 2010

chargesheet has not been filed... also all the other three accused got bail in 30 days. One more sure how will rejection of anticipatory bail effect my case..and do i need to present during the anticipatory bail hearing

1 Like

Vijayendra Navale (Advocacy )     09 August 2010

Hi can we file a Bail application U/sec- 438 of Cr.p.c for offences punishable under Prevention of Corruption, Act in District Court? 

1 Like

Vijayendra Navale (Advocacy )     09 August 2010

 

Hi can we file a Bail application U/sec- 438 of Cr.p.c for offences punishable under Prevention of Corruption Act , in Spl.Lokayuktha case at District Court? 


1 Like

Adv Archana Deshmukh (Practicing Advocate)     09 August 2010

Yes, you can file the bail application in the sessions court.

1 Like

Vijayendra Navale (Advocacy )     09 August 2010

Madam i heard that District judge does not have power to grant Anticipatory Bail in Spl. Lokayuktha Case ?If u have any citation please help.

1 Like

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