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LCI Thought Leader

Raghav Arora   27 October 2025

Bail advice

Accused was remanded by MM on 24.09.2025. The brief of the dispute is that the accused sold a property to complainant which already had a stay order. The property was disputed between the accused and his mother. The complainant stated that he was falsely implicated by the accused as he said that the said property was free from all encumbrances. The complainant came across this information when he received a contempt notice from High Court. Consequently, the complainant gave a written complaint to police and an FIR was registered u/s 420 IPC. Now the accused has been in jail for past 1 month. Status of investigation as per info received is that statements of witnesses have not been recorded (not sure though). On the contrary, the accused filed a suit for cancellation and declaration against the complainant and the said suit was dismissed in default as accused was unable to appear before the court because he was sent to JC by MM. Application u/O9.R9 CPC was filed for restoration of and is pending adjudication. 1st bail application was dismissed. The accused has taken defence that he did not execute any sale deed. However, the complainant as per my understanding has not given any evidence to showcase that he has paid any money for execution of sale deed. The tricky party is that the accused has submitted that he has returned all the money to complainant through cash. I am planning to file a 2nd regular bail before sessions court. 2 Anticipatroes have been dismissed by the sessions. Any help Sir?


This is one of the junior lawyers facing issue in his matter. Please suggest. 



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     28 October 2025

You can file the bail application before high court instead of getting disappointed again and again because the dismissal of bail application by the trial court

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate )     28 October 2025

1.   You may file 2nd regular bail before the Session Court, you are not barred. However you must show change in circumstances since the first rejection.


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