LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

minal   28 January 2023


a girl age 17 Filed an FIR against my uncle age 55yrs saying he assaulted her when she was 11 yrs old.

story is, her father wan to take revenge from my uncle. 2 days before he attacked my uncle with roudy people n beaten him. uncle filed complaint in police. Next day this guy with her daughter went to police and loged FIR against uncle saying he assaulted his daughter. he used his daughter who put wrong allegationon on uncle saying he assaulted me in 2015 .

now posco is imposed n uncle is in jail. on Monday v r going to file bail applic.
can my uncle get bail??? will the posco case stands after 8 yrs.??? case is in session court mumbai


 3 Replies

Sudhir Kumar, Advocate (Advocate)     29 January 2023

bail is not a smoothsale in this case.

Dr J C Vashista (Advocate)     29 January 2023

"Bail and not jail" is the cardinal principle of criminal jurisprudence, however, bail cannot be claimed as a matter of right and it is the discritionary power of the Court..

Swarnim Tripathi   30 January 2023

in my view the bail is a subject matter of merit of the majority of the cases and also matter of court's discretion. applicant may rely on the nature and pre occurred incidents of attack on accused including bitterness between accused and Victim's father which could vitiate the merits of the FIR registered.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register