bail in 452 ipc
aman
(Querist) 14 December 2013
This query is : Resolved
dear experts,
my father disownd my elder brother and his wife after their mariage..in oct 2012my elder brother along with his wife and other in laws attackd us at nyt time so we filed a case u/s 147,452,323,506,424 ipc against my eldr brother,his wife and his .other inlaws, just after 2 days my brother's father in law filed a fake case in u.p. u/s 498a,323,324,504,506,3/4 dp act against my elder brother (his son inlaw) ,although he was living with them only, me and my father stating that we all went to his place at 6pm and beated them but the truth is they came to our place at 9pm and beated me and my father...thn we went to allahabad high court in may 2013 to get stay order but high court orderd to appear befor lower court within 30 days and apply for interim bail..but in between we got bailed by the IO ..so we dint appear before the lower court..now we got the court samman u/s 498a,323,506,336,452,3/4 dp act..against only me and my father..twist is police has removed my elder brother's name (their son in law) from the chargesheet but in FIR he was the main accused..and section 452 ipc was increasd by police..now we have to appear before court on 7 jan 2014. what are the options before us to get bail in these sections of ipc...my father is 61 years old and a heart patient ,curently going under treatment..please urgent and we are trapped in a fully fake case..
Devajyoti Barman
(Expert) 15 December 2013
This case does not seem to have merit. Apply for quashing. It has good merit for quashing.
Contact a good criminal lawyer.
V R SHROFF
(Expert) 15 December 2013
Try Discharge, IF FAIL THEN otherwise defend. you will WIN
aman
(Querist) 15 December 2013
respectd barman sir,
we already have approachd allahabad high court for quashing the FIR and to get a stay order in may 2013 but we dint get any relief from the high court,so can we approach again to high court or can we approach to supreme court..
aman
(Querist) 15 December 2013
respectd barman sir,
we already have approachd allahabad high court for quashing the FIR and to get a stay order in may 2013 but we dint get any relief from the high court,so can we approach again to high court or can we approach to supreme court..
ajay sethi
(Expert) 15 December 2013
Hc has directed you to appaer before lower court and apply for bail . you have got bail . contest case on merits
aman
(Querist) 15 December 2013
dear sethi sir,
we dint appear before lower court ..we got bail by IO at police station ,and section 452 ipc is increasd after that so dnt we need to get bail in 452 ipc..? and dnt we need to get regular bail from the court..what are the option to approach high court or supreme court..
T. Kalaiselvan, Advocate
(Expert) 15 December 2013
On your appearance before the court on 07 Jan 14, be prepared with an application for bail and if need be you may file the application then and there itself before the court, get enlarged and contest the case on merits, quashing the case at this stage may not be of any use now because high court has already given a direction to approach the lower court,so entertainment of further application in this regard is doubtful.
Rajendra K Goyal
(Expert) 15 December 2013
Well advised by the expert T. Kalaiselvan, Advocate ji. Agree to it.
Devajyoti Barman
(Expert) 15 December 2013
what is the order of the high court?
Why you kept silence on this point when you first posted the query.
aman
(Querist) 15 December 2013
dear Barman sir,
i have written in my first query about high court order..
aman
(Querist) 15 December 2013
dear experts,
what are the chances to get bail in these sections...because 452 ipc is non bailable..if judge deny for bail?
Raj Kumar Makkad
(Expert) 16 December 2013
Bail generally granted in such cases after 2-3 days of the production of accused before the court.
Devajyoti Barman
(Expert) 16 December 2013
Since this is new charge not levelled initially , you are likely to get bail from lower court itself.
