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mohini Langayan (manager)     21 December 2009

seeking bail regarding sec. 376 IPC

An accused is sent to bail under section 376 IPC. The accused is father and the victim is his daughter. The accused in sent to JC on 17.12.2009. It is a peoperty dispute and daughter has trapped her real father in order to achieve her illegal demands. Bail application U/s 437 Cr. P.C. is dismissed for the reason being INITIAL STAGE. In how many days next application be filed?If any authorities for this initial stage?????



 11 Replies

Kiran Kumar (Lawyer)     21 December 2009

trial courts are always reluctant in granting bail in such kind of offences....as far as bail in your case is concerned, it depends upon the facts and circumstances of case, as grant of bail here is a matter of discretion of court.

 

the nature of allegations coupled with other relevant facts are important aspects in such matters....wait for some time may be till Challan is presented....its just an opinion rest you have to see according to the circumstances.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     21 December 2009

 KIRANJI  GUIDED WELL, WAIT FOR  SOME TIME.

Adv. T.K Sujith (lawyer)     22 December 2009

High court may entertain this case if ur explanation is true and conceivable. It will take some days, and the minimum days also will over.

Rajan Salvi (Lawyer)     22 December 2009

How will you convince the court that it is really a property dispute? If you have documentary proof of it, the court may entertain your plea. However if the property is meagre , then your defence would appear to be trumped up. Age of the prosecutrix will also be the deciding factor . As Mr Kiran Kumar said, facts are important.

prakash vathore (practicing lawyer)     22 December 2009

i agree with kiran kumar.

Swami Sadashiva Brahmendra Sar (Nil)     22 December 2009

There is no bar of time for filing second bail application. But the accused should approach supirior court i.e. sessions court / high court for bail.

saurabh (advocate)     22 December 2009

wel...dnt jump to high court directly....let the medical evidence come on record and let the medical examination of girl and girl's father comes....then again move an application to session court with necssary explanation....i was handling a case in which wife forr same reson trap his husband in 376 but after month bail was granted...dnt be in huryy....wait session will give bail nlly....acrdng to facts given by you

mohini Langayan (manager)     23 December 2009

Rajan salvi jee. The complainant has levelled vague allegations against her father. She has levelled about fightings, property disputes etc. in the said FIR and has described that she has allready moved one suit for permanant injuction against her father. her father has received the summons from the court of civil judge. Hope these documents and the criminal complaints which her father has moved against her daughter regarding her threats to face dire consequnces if he does not fulfill her illegal demands.

Basically the daughter is demanding separate flat where she could reside in whatever manner she intends, she has maintained relations with anti social elements, habitual of calling 100 number without any cause or reason, she wanted to lodge FIR u/s 354/506 IPc, when police officials did not take any actions she preffered to move application u/s 156 (3) for lodging u/s 354/506 but even when the IO and police officials did not help her in fulfilling her illegal demands she prefferd to lodge new allegations for 376/34 in order to fulfill her illegal demands.

Rajan Salvi (Lawyer)     30 December 2009

Rape is the easiest allegation to make and hardest to refute.

SANJEEV KUMAR (STUDENT)     31 December 2009

May God help the father. If the daughter can level charges of Sec.375/376 then she can go to any extent in coming days. Unimaginable degradation of society and social values.

Stunned by allegations.......................... 

N.K.Assumi (Advocate)     29 January 2010

Very Unfortunate?


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