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Vikram   22 June 2017

376 after engagement with dp 3 & 4

Marriage fixed through Shaadi.com but its broke after engagment due to differences in opinion, Girls registered FIR under following sections. Offence u/s 376, 323, 506, DPA 3 & 4 Accused 1:- Son 2:- Mother 3:- Matternal uncle Rape allegation only on Accused no. 1, 376 on boy only but was single FIR for all charges so they arrested all without any Notice to accused 2 & 3. after 20 days 2 & 3 got bail but no. 1 still in JC. Session court rejected bail for 1. Bail Rejected reason Having regard above all facts and circumstances and after carefully gone through the record as well as say of police, it appears that the offence is serious one. Investigation is not completed and prima facie it seems that the accused has broken the marriage with complainant by demanding dowry amount of Rs.1 Lakh, so also committed s*xual intercourse with her without her consent and thus gave deception to the complainant. In these circumstances if the applicant/ accused is released on bail there is more possibility of tampering of the prosecution witnesses. Hence, I am not inclined to release the applicant on bail and proceed to pass the following order ORDER Bail application of applicant is hereby rejected. Please suggest for Further, should they w8 till Submit CS or should be move to HC for bail.



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 3 Replies

Arjun Kohli   22 June 2017

Hi

The denial of the bail by the Court of Session was lawful and competent enough, based on the factors the Hon'ble Judge laid down in the order rejecting the bail. However, it is your lawful right to move an appeal against the said order before the High Court for grant of bail.

Advocate Suneel Moudgil (Advocate)     22 June 2017

i advise you to immediately approach high court engaging one prudent and specialist lawyer, however bail is a matter of doscretion but as per your stated facts there seems some hope for bail.

moreover, there is no harm in applying for bail.  

more consultation can be provided after going through the facts of FIR.

for further info call/mail me.

 

R Trivedi (advocate.dma@gmail.com)     23 June 2017

This 376 needs proper understanding by these 70+ law makers.... The law should be clear in such matter.. Rape must involve force and unambiguous lack of consent. Unfortunately 376 is being used as tool to settle score. Consent under any kind of benefit or expectation or agreement should be treated as consent only, even if that benefit or expectation or agreement is denied. Some examples... 1. Boy and girl engages, they mutually decide to have physical relationship. Unfortunately the engagement breaks, now if the girl rushes to court with 376...then it is not rape. 2. Live in relationship....rape charge is comedy. 3. A man in position of power promises something to a female in exchange of physical gratification. The female in expectation of benefit agrees, the man does not honor the promise, now if the female rushes court with 376, then it is not maintainable but in certain cases the man can be tried under some other charges. In this case, it was unfortunate that mother and uncle were jailed. The boy must approach the HC and seek relief.

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