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How one accused under sec 302 can apply bail?

(Querist) 23 June 2013 This query is : Resolved 
One of friend was accused under sec 302 of IPC. Police arrested him based on a FIR. My friend applied bail but lower court refused bail two times. Can my friend get bail when his case will arise in lower court 3rd time ? If yes, on what ground?
Devajyoti Barman (Expert) 23 June 2013
Since murder charge is levelled against him, he is going to be discharged on bail from Magistrate before 90 days.
Try his luck from sessions court or high court.
Advocate M.Bhadra (Expert) 23 June 2013
Any or both accused can apply for bail u/sec.439 Cr.P.C. in District Court or High Court.
Rajeev Kumar (Expert) 23 June 2013
He can apply bail u/s 439 of cr.pc in district court or HC
Nadeem Qureshi (Expert) 24 June 2013
agree with experts
Rajendra K Goyal (Expert) 24 June 2013
Bail can be applied in session or high court u/s 439 CrPC. Agree with the experts.
Raj Kumar Makkad (Expert) 24 June 2013
Bail cannot be granted by lower court by applying there afresh but upper courts can definitely provide.


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