376 (16p),363,366,343 ipc--falsely imposed .

If the elopement and s*xual relationship between the two was at a time when the girl was a minor, then, the offence can be made out. If the girl had alleged about force, fraud, inducement etc., in engaging in acts at the instance of the man, which later on proved to be false as perceived by her, the acts can be impugned as constituting the offences for which the case has been registered.

Even if an offence is non-bailable, there is no bar to the Sessions Court to grant bail. Engage a good lawyer in criminal law practice and move a bail petition. It is quite likely that bail will be allowed.

There is no time limit for the police to conclude investigation and submit charge-sheet. The trial also would go on for years. So, attempting for bail is the first important step. If during trial, the girl regains her past composure and absolves the accused of committing any offence against her, then the case would get dismissed at the end. But time lag can not be avoided.

Sir ,

The girl is elder than boy may be 28 yrs.Right now our main concern is to get him out on bail.We dont hail from big family to hire a big criminal lawyer.We had talked with our lawyer,he adviced us that there are lawyers who do it,but they charge a lot and will do it (get bail )as per their convenient time.

For getting a bail do we have to cite that the allegations are false in the paper.If this is so i will get the details from the place they were staying and from  their previous company.

If we wait for chargesheet then it would take a lot time.Kindly advise so that i can talk with the lawyer in the same way and explain him.

Sir ,

With reference to the above IPC imposed on my friend they had done medical test.

The medical report  has been recieved by the police station but they are not sending it to court.

We heard from sources that the medical report is negative ,but while querying it with police ,they are saying that they can send it after 120 days.Is there any rule like this.We are not able to get the bail as the judge would seek medical report before giving bail.

Kindly advice.Is there any rule that the police can keep report for  120 days and if it is true,what is the way ahead to get bail

Sir my above question may not be clear  so i dint got any reply.Now the lawyers have filed in highcourt for bail after couple of rejections in lower court.The chargesheet has not been submitted by police yet and its around 2 months he is in jail.

Is there is any possibility that the high court can reject bail.A person has not been proven and without any hearing he is kept for 2 months,will there be possibilty for rejection again in high  court.

Please advice for this post dear members....Waiting for your reply

Going through your posts, I feel that there is some very strong pressure behind the scene to keep your friend in jail. This may be caused by some political influence through the girl's family, some rejected suitor of the girl, some enemy of your friend...

Police is known to be corrupt and even the judiciary at lower levels is subject to pressure.

Best of luck

Vishwa

@Author

My first question is: Have you tried getting bail frmo High Court?

Now, coming back to your query, I would like to tell you that the pivot point in your case is that the girl stayed with the boy for 8 months. After how many months did the parents of the girl filed FIR? Is there any delay?

Also, as the girl stayed with the boy, there must have been some rent receipts where they lived. There must be some neighbours who might have seen them living together peacefully. Why don't you take these evidences and then approach the court.

Just by saying that the case is false would not save your friend and court would not allow bail in such serious allegations.

Try to explain to the court that the girl went with the boy on her own and now because of her family pressure she is not able to speak truth. These charges have been slapped by police under the influence of the family of the girl and that an innocent is suffering in jail because of false case.

Pls hire a good lawyer who can make the court understand the need for bail and who can convince. I think a good lawyer (if you talk about Delhi), would not take more than Rs. 50,000 for this regular bail.

If you can get an opportunity for mediation or to talk to the girl then if the girl agrees to be in your favor, then you can directly approach the High Court and get this matter quashed.

Such cases in general are rampant wherein girl elope with the boy and then later under her family pressure give statement against the boy. This is very pathetic and sad situation for men. A girl who endeavored to support a boy and then later retracts should at the first go think 100 times because in the end the girl is safe and need not undergo any problem but the boy who is not at all at fault has to undergo so much trauma. Alas!

Please feel free to ask if in case you have any other query. Also if in case your case is in & around Delhi then I can suggest a good Criminal Lawyer who would be very reasonable in his fees..

//peace

/Saurabh..V