Bail
Mrs. Trupti Patil
(Querist) 08 March 2012
This query is : Resolved
Can an accussed get a bail in the charge of IPC sec 376 when the prosecutrix is above 16 years of age?
Adv.R.P.Chugh
(Expert) 08 March 2012
Cryptic question, Bail is a matter of discretion - this discretion depends on the facts of the case. There is no ritualistic formula that if prosecutrix is above 16 bail would be given. The germane considerations are :
1) Gravity of case against accused
2) His antecedents
3) Likelihood of hurting witness tampering with evidence or absconding.
PARTHA P BORBORA
(Expert) 08 March 2012
in general court shall not allow bail in a case u s 376 ipc unless and untill police completed investigation or in a early stage of investigation.
Kirti Kar Tripathi
(Expert) 08 March 2012
Agree with experts. Bail is the discretion of the court and depends upon the circumstances and gravity of the offence.
Shonee Kapoor
(Expert) 08 March 2012
Can one get bail in 376: YES
Would one get bail in 376: Depends on the circumstances of the case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
bail for all call-9811443969
(Expert) 09 March 2012
yes he may be released on bail on the statement of victim u/s 164 CrPc alone if it in favour to accused. There are various ruling in favour of bail.
SONI KARTIK
(Expert) 09 March 2012
Yes, he may be bailed out on discretion of the court and the fact and circumstances of the case.
dev kapoor
(Expert) 09 March 2012
Comprehensively replied by Mr.Bharat Chug...this discretion was once stated to be like 'whims' (Jus Krishana Aiyyer)"Rape is continuous death of the victim" therefore law deals bail application of Rape cases,sometimes with gr* seriousness,logic being what has bn stated by Mr.Chug.The judicial dictum, " Bail is Rule & Jail is exception" is is good to hear but practically it is far from PRACTICAL.
V R SHROFF
(Expert) 09 March 2012
far for practical in rare cases. / special cases.
Otherwise Bharat is right.
Now a days people can file any false complaint for money, including false rape case.
corrupted medico / police are ready to give false evidence,
Mrs. Trupti Patil
(Querist) 13 March 2012
Yes, thats true, Mr SHroff. In this case, it is a false allegation made by the girl's mother to take revenge of my client who had married this prosecutrix in a temple. Can someone give me reference or rulings of any High Courts or Supreme COurt, please. Once again thanks to all the experts for their fair view on my query.
