False allegations
suneetha Jain
(Querist) 05 April 2020
This query is : Resolved
Sir, My relative who is charged with sections 417, 376(2)(n), 312, 506, 3(2)(va) by an influential SC Woman is arrested on 25.02.2020. Even though, the SC woman has not produced any evidence for her allegations, (All allegations are claimed false by my relative. She is an Ex employee in his firm.), he was arrested. He could not get bail from the District Court even after one month of remand. He is denied bail on 26.03.2020. Our advocate says that we need to apply for petition again in the same court on 06.04.2020. My query is 1.why Court has not given bail even after one month of remand despite false allegations?? 2.Can we get bail in second appeal?? 3.If not, what should we do??.
Raj Kumar Makkad
(Expert) 05 April 2020
1. Bail is a discretionary relief which cannot be claimed as a matter of right especially in such serious cases. Whether the case is false or true shall be got decided by the court after conclusion of the trial which shall take a long time. Denial of the crime on the part of the accused is not sufficient to brush aside the allegations.
2. None can say whether bail shall be granted on tomorrow or not. At this stage, the seriousness of the allegations shall only be considered by the court rather of the bald assertion of the accused that he is innocent. Every accused utter the similar words that he is innocent and has falsely been implicated in the alleged crime may it be a murder case or any other.
3. If bail application gets dismissed, approach to high court after some more time.
P. Venu
(Expert) 06 April 2020
The assertion of the accused that the charges are false is of no consequence. What matters is the case diary and the stage of investigation.
Rajendra K Goyal
(Expert) 06 April 2020
You said:
1.why Court has not given bail even after one month of remand despite false allegations??
Reply:
Allegation, whether true of false is decided by the court after evidences from both sides at the time of decision. Bail cannot be claimed as right in each case.
You said
2.Can we get bail in second appeal??
Reply:
Cannot be predicted. Depend on the court. One should always be hopeful.
You said
3.If not, what should we do??.
Reply:
Can move to high court for bail if not accepted.
Dr J C Vashista
(Expert) 07 April 2020
Request the lawyer engaged by you for moving another bail application citing some additional grounds.
In case the Trail Court dismisses it, move to High Court.
Your lawyer is the best and only person to obtain favourable orders, which is beyond scope of experts on this platform.
Dr J C Vashista
(Expert) 07 April 2020
Allegations leveled in complaint are a matter of evidence, which is to be disproved subsequently and not at this stage.
suneetha Jain
(Querist) 08 April 2020
Thank you Rajkumar Sir, Suneel Sir, Venu Sir, Rajendra Sir and Vashista Sir for your valuable suggestions. So, it seems that any wicked person can file false allegations and put innocent behind bars. Whether the allegations are true or false will be decided by law after long long time. Before that if innocent person commits suicide, is the Government and Legal system not responsible?? It seems that law is not at all favorable to innocent people.
Rajendra K Goyal
(Expert) 08 April 2020
No anticipatory bail will be granted in cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, social justice and empowerment minister Thaawar Chand Gehlot has said following Supreme Court’s judgement that bail would be allowed if no prima facie case is made out.
Read more at:
https://economictimes.indiatimes.com/news/politics-and-nation/no-anticipatory-bail-under-sc/st-anti-atrocities-act/articleshow/74127074.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
Supreme Court on Monday upheld the constitutional validity of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018 enacted to nullify the effects of the March 20, 2018 judgment of the court which had diluted the provisions of the Act.
A bench headed by Justice Arun Mishra said a preliminary inquiry is not essential before lodging an FIR under the act and the approval of senior police officials is not needed.
https://www.indiatoday.in/india/story/supreme-court-scheduled-castes-and-scheduled-tribes-prevention-of-atrocities-act-1644895-2020-02-10
T. Kalaiselvan, Advocate
(Expert) 08 April 2020
The allegations or true or false can be decided by the trial court only ad not by the court granting bail.
The law under SC ST act is absolutely clear – there is no provision for anticipatory bail.”
No anticipatory bail will be granted in cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Withholding the latest amendments made by government i this regard, the Supreme Court had made an exception and said courts could still grant pre-arrest bail in cases where there was no prima facie evidence warranting arrest.
The controversy erupted when, in March 2018, the Supreme Court banned automatic arrests and registration of criminal cases under the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989. Before arresting a public servant under the Act, a preliminary probe by an officer not below the rank of deputy superintendent is a must, the court had said.
A bench of Justices Adarsh Goel and UU Lalit had also removed the restrictions on granting anticipatory bail. The The government turned the clock back on the judgement through an amendment. A new section – 18A – was introduced which laid down that there was no requirement for a preliminary inquiry before filing an FIR.
It also said Section 438 of CrPC (which provides for anticipatory bail) would not apply to any offence committed under the SC ST Act.
Raj Kumar Makkad
(Expert) 08 April 2020
If an accused prefers to commit suicide just to prove his innocence, none can stop him and none can be held responsible for that. It is wise to come out of the alleged false allegations by vigorously and effectively refuting the same by way of legal system and once discharged or acquitted, file suitable compensation suit or defamation petition as the case may be only thereafter.
Leveling allegations is not sufficient. If during the investigation, nothing supportive material is found by investigating officer, the case may also be got cancelled which in this case is not found because court has also prima-facie found material sufficient to provide police/judicial remand for such a long period.
Raj Kumar Makkad
(Expert) 08 April 2020
@Rajender Goyal ji! The author has nowhere has mentioned in the facts that the allegations are under the provisions of SC/ST Act rather has told that the complainant belongs to that caste but the charges of FIR are otherwise so your quotation of Thawar Chand Gehlot or Sc judgment qua anticipatory bail under the allegations of SC/ST Act are not applicable in the present case.
T. Kalaiselvan, Advocate
(Expert) 08 April 2020
Dear R K Makkad Sir,
You are right that the author never mentioned about the charges framed under SC ST act.
Even I mistook it for that.
I am sorry about it.
The offences relate to IPC alone.
Hence the author can get relief of anticipatory bail from from high court after the sessions court is dismissing the application.
He can file the same before high court immediately after the bail application is dismissed by sessions court.
Rajendra K Goyal
(Expert) 09 April 2020
Expert Raj Kumar Makkad ji, thanks for correcting me. Charges are not under SC ST act.
suneetha Jain
(Querist) 09 April 2020
Sir, I mentioned 3(2)va along with four other sections in my question.
Raj Kumar Makkad
(Expert) 09 April 2020
Ms. Jain, you have not mentioned the Act under which your relative has been charged except as mentioned above. If he is also charged under section 3 (2) va of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 then the opinion as given above by various experts shall be treated as guiding force for you.
Advocate Suneel Moudgil
(Expert) 06 April 2020
