Chances of getting bail in case 306
Aprajita rani
(Querist) 05 September 2016
This query is : Resolved
I want to know that if NBW is being declared against the party under the section 306 and the party flew from his residential address where police raid for arresting but could not then what is the possibility of getting bail without getting arrested?? Urgent suggestion is needed.
Raj Kumar Makkad
(Expert) 05 September 2016
This is purely your academic question. Wat is the relevance of this query in your life? How are you concerned with the query?
Advocate Kappil Cchandna
(Expert) 06 September 2016
Sir,
Was Bail already granted ever or the person wish to seek bail for the first time....
Warm Regards
Kapil Chandna Advocate
9899011450
Ms.Usha Kapoor
(Expert) 06 September 2016
Tell him to get anticipatory bail. Till now in his life his record and credentials or criminal antecedents are clean there is every chance of getting Anticipatory bail or ordinary Bail.According to Criminology Bail is a rule and Jail is an Exception.
Guest
(Expert) 06 September 2016
Do you have any concern with the case, if not an academic query?
Rajendra K Goyal
(Expert) 06 September 2016
Author has not replied the question from experts.
Aprajita rani
(Querist) 06 September 2016
The question is purely related to my personal life. Here the death person is my own brother and the accused is his in laws. The seeking of bail is first time and they have not got bail yet. I have enquired many places but no where i got to here that bail is possible as it is near to murder case..
But i also expect expert advices too.
P. Venu
(Expert) 06 September 2016
Granting bail, anticipatory bail included, is Court's discretion. A definite answer is impossible.
Guest
(Expert) 06 September 2016
Dear Aprajita,
On the basis of your present clarification, it can be said that your question was quite irrelevant to ask about the chances of bail to the other party.
If you and your lawyer, with full knowledge of the case, are unable to predict whether your opposit party can get bail or not, how any of the members of this forum, who are totally unaware of the case history, can predict whether there are chances of the in-laws of your brother to get bail, or not?
It all depends upon the efforts of you people vs the efforts of your opponent.
Aprajita rani
(Querist) 06 September 2016
Sir, the case is still in police station and after a proper strong investigation the case IO is in the search of accused. Accused has flee away from the spot 4 months before at the time of incident and now when after taking NBW the police went their resident then it is found that they have flee away from there also 2 months before. I had some advocates in near relatives who has told me what i said before but at this critical moment i cannot trust relatives. As per those advocates the case is strong and has enough evidences.. the evidence are:-
Statement of neighbors which is positive for case.
Call details which shows information like last call of my bro was with his inlaws. And bros wife was on continous incoming calls with her family.
Statement of one of the bro's company people who was called by my brother's wife enquring about my brother's presence in office after my brother's death.
Statement of a doctor who treated my brother when he was attacked by his wife and brother in law with knifes last year. Doctor even knew this that brother was attacked by them as he has shared with doctor.
Informatory made by my bro last year which declares everything about his torture, the threatening given to him.
Plus their escaping away from every places and not coming in front for defending themselves are again making plus points.
Now what is ur say sir? Is anticipatory bail possible??
Aprajita rani
(Querist) 07 September 2016
Sir, the case is still in police station and after a proper strong investigation the case IO is in the search of accused. Accused has flee away from the spot 4 months before at the time of incident and now when after taking NBW the police went their resident then it is found that they have flee away from there also 2 months before. I had some advocates in near relatives who has told me what i said before but at this critical moment i cannot trust relatives. As per those advocates the case is strong and has enough evidences.. the evidence are:-
Statement of neighbors which is positive for case.
Call details which shows information like last call of my bro was with his inlaws. And bros wife was on continous incoming calls with her family.
Statement of one of the bro's company people who was called by my brother's wife enquring about my brother's presence in office after my brother's death.
Statement of a doctor who treated my brother when he was attacked by his wife and brother in law with knifes last year. Doctor even knew this that brother was attacked by them as he has shared with doctor.
Informatory made by my bro last year which declares everything about his torture, the threatening given to him.
Plus their escaping away from every places and not coming in front for defending themselves are again making plus points.
Now what is ur say sir? Is anticipatory bail possible??
Rajendra K Goyal
(Expert) 07 September 2016
If you are interested in their arrest, try to get their address / hide place and inform police.
You have mentioned good grounds, at the time of bail court may consider broadly but giving bail is discretion of the court.
Guest
(Expert) 07 September 2016
Still nothing can be said even after your further description. You have also not stated anywhere whether they have applied with the AB or not.
Applying for bail is their right. Grant of bail is at the disceretion of the judge on merits of the case. So, nothing can be predicted about the chances of bail, unless the prosecution case is studied.
Anyway, instead of making an effort to get the opposit party arrested in murder case of your brother and making a mention, what efforts to get them arrested, the reason of your asking about chances of their bail is not understood.
Guest
(Expert) 18 June 2018
@ Ms. Usha Kapoor,
You have stated, I stick to my above view" after 21 months of the last subscriber to the query. Were you really unsure whether your advice was correct or not? If not, what is the specific reason for sticking to your view now after 21 months?
Guest
(Expert) 18 June 2018
@ Ms. Usha Kapoor,
You have stated, I stick to my above view" after 21 months of the last subscriber to the query. Were you really unsure whether your advice was correct or not? If not, what is the specific reason for sticking to your view now after 21 months?
Guest
(Expert) 18 June 2018
@ Ms. Usha Kapoor,
You have stated, I stick to my above view" after 21 months of the last subscriber to the query. Were you really unsure whether your advice was correct or not? If not, what is the specific reason for sticking to your view now after 21 months?
