Sanjivani (student) 28 January 2013

Urgent!!! need help regarding bail!!!

Hello all.. A person filed a FIR under section 156(3) CRPC regarding crimes under sections 406,420,467,468,471,504,506 IPC. This has been registered against 12 persons. The person who has filed the FIR is quite rich and has paid the police quite a large amount to arrest the persons. He has no evidence against these persons but the police is not ready to listen to them at any cost. Also the police has arranged for arrest warrants for all the 12 people( half of them are ladies and doctors. ) In the meanwhile the police has arrested one of the 12 people who is currently in jail and while the rest of them are on a run. The arrested person has filed for a bail.

I want to know that is it possible for the others to get a bail without getting arrested and sent to judicial custody if the person who is arrested gets the bail in the coming days? Or is there any other way to get out of this mess?

The case is from uttar pradesh. So there is no provision for anticipatory bail either. Please help!

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7 Replies

Aboobacker (Advocate) 28 January 2013

approach the high court under section 482 crpc for quashing the proceedings and also file application to stay the proceeding till the disposal of the 482 petition Adv. Aboobacker. K.T

Sanjivani (student) 28 January 2013

Thank you for the advice but besides that I want to know about the bail also.. Is it possible to get the bail for the others (without going to the judicial custody ofcourse) if the one who is already arrested gets the bail? Please let me know.

Chetan Joshi (Advisory/Advocacy) 29 January 2013

I dont think that the judicial custody can be escaped...

Regards

Chetan(dot)7679(at)gmail(dot)com

Rahul Kapoor (Legal Enthusiast) 29 January 2013

hello,

if case of 406 IPC is filed then bail can be grabted after recovery of items.

in UP you need to take stay order on arrest from high court after filing of FIR.

regards-

rahul.gogreen@gmail.com

bhupendra (practitioner) 29 January 2013

quash the fir and also file interim relief

(Guest)

File petitin u/s 482 Cr.Pc and get remedy,

Quash FIR

Arresting Stay

Sanjivani (student) 14 February 2013

Sir We had applied for quashing of the FIR (as there were 2 FIRs pertaining to same offence) under a Writ petition in HC. But that was dismissed. We then went to SC against the impugned order under SLP. The SLP has been dismissed and FIR has been upheld. I would like to know what are the remedies available now? Can we apply for stay now? Or is the bail only option left? Also I would like to know was is correct to approach HC by a writ for quashing? I am very much confused. Please reply ASAP!