I am talking on behalf of my brother , who is currently in Central Jail , Thane , His wife committed suicide 3 months back after a small argument between them . Her dad lodged a complaint and made completely false allegations against him . Thereafter he surrendered in the police station . After a month passed by , the complainant sent a letter to us stating that he lodged the complaint under the influence of his relatives and he repents his action. Our lawyer suggested that an affidavit be made and submitted to ACP , DCP , Upper Police and concerned police station . Our lawyer applied for bail taking affidavit as a support for his bail . But the sessions court judge refused to even read the letter and the affidavit saying that the higher courts have made it clear that such documents amount to tampering of evidence. He rejected the bail application.
Now , my question is , if we apply for bail in Bombay High Court will the affidavit be considered ? the complainant is ready to stand in the court for the bail hearing as well if the need arises. please help ....
