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SHARAD CHANDRA DANEJ (Asstt. Manager)     15 November 2016

Bail application

While we apply for bail why our application starts with these sentences

1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated, concocted and without any basis.


2. That the police has falsely implicated the applicant in the present case, the applicant is a respectable citizen of the society and is not involved any criminal case.

We all know that bail is a matter of right in most of the cases.

 

 



Learning

 7 Replies

S K KARNjhc (Legal Adviser)     15 November 2016

no comments

Ms.Usha Kapoor (CEO)     16 November 2016

IN criminology or criminal law bail is a  rule and jail an exception.If the prosecution fails to prove only you'll be exonrated or  get  a  clean chit.If you appreciate this answer please click the thank you button on   this forum you might get bail in all probability..

1 Like

P. Venu (Advocate)     16 November 2016

What is the issue you have put forth for discussion.

SHARAD CHANDRA DANEJ (Asstt. Manager)     17 November 2016

My contention is while applying for a bail,  why we such the following :

 

1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated, concocted and without any basis.


2. That the police has falsely implicated the applicant in the present case, the applicant is a respectable citizen of the society and is not involved any criminal case.

 

when we get bail as a matter of right in bailable offences and mostly in non bailable offences.

 

If you appreciate this, please click on the thumbs up button just below my profile.

SHARAD CHANDRA DANEJ (Asstt. Manager)     17 November 2016

I think there's no need to write those two sentences.

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     18 November 2016

Every Bail Application is based on different facts and not necessary will have same lines, but mostly Lawyers add to Challenge the contents of FIR to shift the burden on prosecution, 

 

Regards,

 

ZohebKhatri@gmail.com

P. Venu (Advocate)     18 November 2016

Yes, this is a usual practice among the lawyers. Such averments form part of the written statements civil cases. Similarly, meaningless, sometimes counterproductive, questions (for instance, the witness is deliberately trying to mislead the Court) are asked during cross examination of witnesses. Certainly, such posers have no effect other than to impress the innocent clients/litigants.


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