Arguments on bail
Querist :
Anonymous
(Querist) 19 August 2020
This query is : Resolved
1. I am representing an Accused who has been booked on rape charge.
2. The Prosecutrix and the Accused are major.
3. They had a love affair.
4. The Prosecutrix lodged an FIR against the Accused on the instigation of her family.
5. There are no loopholes and ambiguities in the FIR.
BUT
I have incontrovertible evidence that washes away the complete cooked-up story of the Prosecutrix. The evidence is in the form of voice recordings(talks between the Accused and the Prosecutrix on the day of occurence of alleged crime)
My question is:
How should I convince the court to grant bail? As the court won't appreciate the evidence at this stage.
Dr J C Vashista
(Expert) 20 August 2020
Apply for bail and submit CD with its transcript copy of the conversation in support of false framing the accused.
Shilesh Patel
(Expert) 20 August 2020
Just a simple step as expert vashista sir said.
K Rajasekharan
(Expert) 20 August 2020
When a crime is alleged prima facie particularly by a woman, the court cannot grant bail by taking and appreciating evidence which is the duty of a trial court.
Bail court can consider only prima facie evidence already available in the prosecution documents while granting bail. If the allegation is not sustainable prima facie, then the court can grant bail. So it seems that the court may not consider the evidence at this stage.
I am adding a write up on the issue of granting bail including some case laws at https://www.lawwatch.in/2020/07/19/Bail%20new/
Querist :
Anonymous
(Querist) 20 August 2020
K Rajasekhran Sir, I fully endorse your view. However, if I were to create a doubt in the mind of the court then submitting the CD and its transcription is a good idea.
Please have your say.
K Rajasekharan
(Expert) 20 August 2020
What I say is law but bail is granted not on the basis of law alone. You may try everything you can do.
Successful Advocates, particularly bail advocates, always try their best to confuse or even blackmail the judge who finds it difficult to take a right decision within a short span of time.
There is nothing inappropriate in that particularly when bail is the default, jail an exception.
All the best.
Rajendra K Goyal
(Expert) 20 August 2020
As a defense lawyer, you must try all possible chances for your client.
venkatesh Rao
(Expert) 21 August 2020
Bail and not jail- as quoted by his lordship justice Krishna Iyer. You can definitely produce the CD after observing mandates of IT Act. ( Sec.65) It is prima facie defence for limited purpose of bail.
Hemant Agarwal
(Expert) 22 August 2020
WHILE AGREEING WITH THE ABOVE EXPERTS:
1. When you say that both parties are Major and were in a Love Affair, THEN obviously & legally whatever physical relationship takes place between both parties, is by virtue of "Mutual Consent Love" and CANNOT be classified as Rape. Check out many HC /SC judgments on the same.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
