Posco act
Daksh Madhok
(Querist) 26 October 2013
This query is : Resolved
A male fiend of mine, M has been falsely accused of sexually assaulting a male minor. my friend is 18 and the supposed victim is 15. he has been in judicial custody since 4th august. the IO has presented the chargesheet today in the Tis Hazari court. but the judge has dismissed his bail plea. he hs been falsely accused and his parents cannot afford the expenses of the trial. what shud be their next step?? they've hired a high profile lawyer bt he has been unable to acquire him a bail. plz help.
ajay sethi
(Expert) 26 October 2013
what are grounds for rejecting bail ? medical examination must have confirmed sexual assault . staement of minor must have been recorded . . you can move HC for bail
Daksh Madhok
(Querist) 26 October 2013
the medical has confirmed rape nd the statement of the minor has also been recorded
Daksh Madhok
(Querist) 26 October 2013
on wat grounds shud we move HC??? as far as i kno, its a non bailable offence. bt is there an exception to this rule??
ajay sethi
(Expert) 26 October 2013
Section 437 of the Code provides for release on bail in cases of non-bailable offenses. In such cases, bail is not a matter of right. Court has sufficient discretion to deny or to grant bail
Devajyoti Barman
(Expert) 26 October 2013
There must be incriminating material against your friend.
In any case since it is sessions court triable case the Magistrate would not give him bail ever.
He will have try his luck in upper court preferably in High Court u/s 439 crpc.
Daksh Madhok
(Querist) 26 October 2013
bt wat if the HC rejects his bail appeal??
their lawyer had proven to the judge today that the case has been falsely implanted. the judge has dismissed bail only cause of the "seriousness" of the crime. bt the lawyer proved that there is no crime done. i kno hes my friend so i am likely to be partial towards him. bt even the ppl who have framed him have told us in confidence tht its a false case. is this why most ppl dnt trust the indian judiciary?? cause its too slo and too lame???
Rajendra K Goyal
(Expert) 26 October 2013
Contact a senior High Court criminal advocate. Bail is not a right but one should always be hopeful. If his father is not able to bear the legal expanses he can take the help of legal aid cell.
