When to apply bail in (420,467,468,465,471,120-b and 24 immigration act) in high court)

Querist : Anonymous (Querist) 11 September 2011 This query is : Resolved
There was a complaint from 22 people about a immigration company that company had taken 22 lakh from all(1.3 lakh from each) for sending them abroad but offer letters and visas they provided to them were found forged.

In there application they mention 6 names.
Only 2 persons got arrested.

One girl who was arrested applied for regular bail in session court after 1 month but the same got dismissed.

She is not main accused ,in application people mention her name that she was also working there.

Now I want to know should she apply bail in session again or not or she should approach high court?

Please advice me when should she applied for bail in high court and what are the chances to get bail from high court?

2. if bail get dismissed from session court
more than once can it effects the chances of getting bail from high court??

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PARTHA P BORBORA (Expert) 11 September 2011
1. She may apply before the Sessions Court again with some new and fresh grounds.

2. No it will not effect.

Kiran Kumar (Expert) 11 September 2011
One thing keep in mind that High Courts have adopted a very strict negative opinion in travel agent matters.

It is my personal experience that the High Court would compel the refund of money while entertaining the bail application.

You may have a good case on merits and the female employee mentioned by you might not have played any role in the transaction but you will have to establish your case with great force and the same must be supported by proper documents which can prima facie show that the accused girl had no role to play.

Once the Sessions Court rejects a bail in such cases then dont expect charity in future bail applications before the same court.

Try to get her name cleared in the investigation or establish that she was merely an employee/ clerk/ receptionist who had no role to play in the active business.

Querist : Anonymous (Querist) 11 September 2011
@kiran kumar
We talked to advocate we told him that she was doing correspondence mca and also she was talking training from software language from one of the best training institute in the city.We have proof for that.We also have training certificate of the institute

Advocate suggest us that he will show her a student and state that due to financial problem in family she was doing that job.

Is that a right approach???

Can you give your contact number so that we can talk regarding this matter?
also

Kiran Kumar (Expert) 11 September 2011
you may send a detailed e-mail to me

harry.law@hotmail.com

various grounds can be raised in a bail plea but with a caution.

Advocate M.Bhadra (Expert) 11 September 2011
The said girl can apply for bail again to the District court and possibility of granting bail(u/sec.439 Cr.P.C.) will depends on the Case Diary and Examination of witness(sec.161 Cr.P.C.) filed by the Investigating Officer of Police.If the interim bail rejected by the District Court then she should file bail application in the High Court.For further advise it is needed to read over the FIR and C.D.