Bail in ipc 409 420 & 506

there are no set parameters for grant of bail...the offences you have mentioned are serious offences and dont expect any linient view from the court.

I agree it may be serious offence  according to law book's and IPC's .but in this case 409 is falsely implicated to make is sessions triable and harrase the victim. The matter is already subjudice in other district court. Under this circumstance how can the police include 409 only becoz the complinent  is a rich influential person?

if the civil suit is pending between the parties, then it can be a good point to argue during bail hearing....much depends upon facts and circumstances of the case in such cases.

i agreed mr. Kiran Kumar's advice

From the querry it is not clear whether the learned court had granted him police custody or judicial custody.

If the accused is in police custody. It is advisable that a letter be written by the lawyer that at the time of his interrogation he should be allowed to meet him and his interrogation be made in his presence. . Pl check the memo of arrest and find out whether his arrest had been intimated immediately to his relative or a person of the locality and whether  he had been immediately sent for medical examination at the time of arrest and therafter at the expiry of every 48 hours or not. Pl see the contents of the FIR and complaint whether it prima facie makes a case under section 409 or not if not immediately file a petition before the ld. Court stating that the section 409 had been falsely imnposed upon to keep the accused in custody and file further petition agasint the I O and O.C. or SHO under section 220 of IPC stating therein that the officers are filing remand application falsely invoking section 409 just to keep the accused in confinement. Please check whether the I O of the case has the power under the state police act and central police act to investigate the case and file an application challenging the authority of the I O and seeking direction from the ld. Court to direct the i O of the case to produce his authority before the ld. Court. In addtion to the abvoe if the advocate finds that he had not been allowed to meet his client during interrogation and there were descripency in Memo of arrest and inpsection memo and the accused had not been sent for medical check up and these records had not been sent to the Ld. Court immediately a contempt applciaitonshould immediatley  be filed before the Hon'ble High Court of the state in which the accused is under custdoy for violation of directions given by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal as well as for violating section inserted in CRPC. amendment of 2008 which had come into force on 31.12.2009
 

i also agree with  mr. Kiran Kumar's advice

SIR, THE ALLEGED OFFENCES STATED BY YOU ARE TRIABLE BY MAGISTRATE COURTS, AS SUCH BAIL COULD BE OBTAINED WITHIN 15 DAYS TO  20 DAYS DEPENDS ON THE GRAVITY OF OFFENCE.

SIR, IF YOU CAN SEND THE FIR COPY, COMPLAINT AND REMAND REPORT THROUGH E-MAIL, I MAY ADVISE YOU.

e-mail: ytrrao@yahoo.com

Thankyou all the learned advocates friends..my friend has been granted bail...

Bail is a matter of discretion, it would depend on the facts of the case.

sir

i am a central govt employee at kharagpur,west bengal.during my work on 29/06/2010,some miscreants entered into my office nd snatched a sum of RS as calculated RS12 lacs (approx).i filed a fir as a post master nd departmental enquiry has been running after one nd half year.a false final report has been submitted to court nd after dat my postal department has done a FIR 1 month ago with U/S 409 IPC.i need to get relief from the same.pls advise me how i can get free from d hazards of arrest?pls avise me as it is very urgent .