Weather anticipatory bail legal or valid, if taken fraudulently, through false application
Mr. Hitendra Shah
(Querist) 19 October 2011
This query is : Resolved
If the accused have taken Anticipatory Bails fraudulently through false, fabricated, baseless, full of lies and misleading Bail Applications. I was not informed by the Police, when the accused applied for the Bails. It has passed 6 months. The Police has presented the Police Report in the court now. Can I get the said Bails rejected? How? Get me advise, please.
Thanks.
Devajyoti Barman
(Expert) 19 October 2011
If it could be shown prima facie that by grossly misleading the court or by playing fraud upon court the bail was obtained then the complainant may apply for cancellation of bail not for rejection.
Shonee Kapoor
(Expert) 20 October 2011
However mere lying about certain aspects of crime is not itself a ground for cancellation of bail. That has to be shown at the time of trial
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Mr. Hitendra Shah
(Querist) 20 October 2011
the accused hide the facts in the Bail Applications about the Power of Attorney and make false stories of their own in the Bail Applications. The IO was managed by the accused therefore he was working in favour of the accused. IO did not informed me that the accused has filed Application for the Bail. The Power of Attorney is invalid, forged, illegal and unauthorized. The POA was forged by the bank. It was invalid document for my Bank and Demat accounts. POA was notarised on 1/2/2005 and my bank a/c was opened on 12/4/2005 and my Demat A/c was opened on 14/4/2005 after the POA was notarised BLANK on 1/2/2005. The Bank filled up the details of account numbers on the said POA after the accounts were opened. The POA holders were frauds, illegal and unauthorized. The accused and their advocates misrepresented other facts. The Bails were taken fraudulently on the basis of false, fabricated, baseless, full of lies, full of false information and misleading Bail Applications.
Mr. Hitendra Shah
(Querist) 20 October 2011
the accused hide the facts in the Bail Applications about the Power of Attorney and make false stories of their own in the Bail Applications. The IO was managed by the accused therefore he was working in favour of the accused. IO did not informed me that the accused has filed Application for the Bail. The Power of Attorney is invalid, forged, illegal and unauthorized. The POA was forged by the bank. It was invalid document for my Bank and Demat accounts. POA was notarised on 1/2/2005 and my bank a/c was opened on 12/4/2005 and my Demat A/c was opened on 14/4/2005 after the POA was notarised BLANK on 1/2/2005. The Bank filled upu the details of account numbers on the said POA after the accounts were opened. The POA holders were frauds, illegal and unauthorized. The accused and their advocates misrepresented other facts. The Bails were taken fraudulently on the basis of false, fabricated, baseless, full of lies, full of false information and misleading Bail Applications.
Devajyoti Barman
(Expert) 24 October 2011
Then I think it is worth trying for cancellation of bail.
