VIVEK (MANAGER) 23 August 2013

Anticipatory bail in 302/201/34

Sir,

Year 2006, A false case was filed against us(10 Person) vide IPC-302/201/34, Police investigated and submitted charge sheet with no evidence in July'2012. But court taken cognizance against us and issued summon and instruct to appear before court on 16.07.2013.

Thereafter We filed petition for anticipatory bail in session court which has been rejected and directed to surrender within 10 Days. Now we are going to apply anticipatory bail from high court.

Sir, is it possible for getting AB from high court and how much chance to get the same?

We will be obliged for your valuable reply.

Regards,

V.Choubey

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4 Replies

Advocate Vishnu (Advocate) 24 August 2013

Since the alleged offences commited are triable by a sessions court, they may rejected your anticipatory bail application . You can move the high court and it depends on how your legal counsel will argue and obtain the anticipatory bail. Else, you will have to to surrender before the sessions court and seek bail on the same day.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 24 August 2013

Dear Querist

its depend on the facts & allegations, contact a lawyer

Nivedita 19 September 2020

This- Bail in 302 has helped my colleague get legal advice regarding the matters involved in bail in 302. Hope it helps!

S.JEEVAGAN, Madurai. (Advocate, High court ) 20 September 2020

Since this is a murder case, Proper guidance can be given only after perusal of the charge sheet filed in this case by the police. Otherwise, legal advice rendered to you without seeing the relevant case papers, may turn out to be misguidance. So kindly approach an advocate in your area with the relevant case papers and get proper legal advice from him.

However, kindly get to know that the hon'ble high court would not ordinarily grant anticipatory bail in the murder case in the very first application unless the prosecution case is very weak.