Hi everyone,
I would like to give a brief about my case before I seek any kind of opinion/suggestion.
I have been implicated in a false case by a girl who was my girlfriend for three months. She first registered a case U/S 506/509 IPC under which she stated that I was abusing her and threatening to murder her. Now given that it is a bailable offense I was granted bail from the police station. She wanted me to give her a written apology on the pretext that she would quash the case to which I refused because I hadn't threatened or abused her and I wasn't afraid of the court proceedings. Now that her ego was hurt she registered another FiR in the same police station U/S 386/328/506 just two days after the first FIR. The police called me and asked me to come to the police station on the pretext that I was needed for some investigation in the previous FIR. As I reached the police station they immediately arrested under the second fir to which I was completely unaware. I was sent to judicial custody. I stayed there for three months while two bail applications in sessions court got rejected as she always vocally opposed my bail application on the pretext that I will hurt her.
I filed for bail in high court granted me bail on the condition that I will not try to contact the prosecutrix. She had again vocally opposed my bail in HC. She presented some whatsapp chats which were refuted by the justice. The other condition that was imposed on me was that I will come to Delhi on court hearings as I am not a resident of Delhi. I have left the job I was working in. She hasn't undergone a medical.
My case ease goes on charge in a week. I have enough evidence to prove my innocence, being an alibi as well as the delay in lodging an FIR. We never had an intercourse. And there was no promise of marriage. Now she has registered another FIR stating that I am threatening her on phone when I haven't even tried to contact her. My phone numbers have been submitted to the concerned court where my case will proceed.
My questions are as follows:
1. Can an FIR lead to my cancellation of bail without adequate or no proof against me as I have not tried to get in touch with her forget threatening her
2. I want initiate a case of malicious prosecution against her for making me undergo three months JC and with she still harassing by using the law and the judicial system. Will I have to wait till this case reaches its conclusion
3. I want to sue her for defamation and damages. As well as criminal conspiracy. She has immensely misused the enter process of law.
Apologies for a long post. Any advice will be appreciated.
