shilpi (writer ) 28 July 2012

How to get bail under section 409

Hi Everyone ...

Pls help me to resolve an issue. My friend's mother was working in Anganwadi in a village in UP. She and her husband has been charged under section 409 for stealing 3 sacks of food grains which was for the Anganwadi children. The case is falsely filed and they both are innocent. They have requested for a stay against arrest from high court but it was rejected. They have also filed a bail plea which is also rejected by the magistrate. They both are not arrested yet. Plz tell me if they are arrested, are their any chances of getting bale. And does this case is so serious that it is filed under section 409 for just 3 sacks. Plz help me out and suggest how they can get bail? the FIR was filed between16 -18 June 2012. Plz reply me as soon as possible.

Regards,

Shilpi

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5 Replies

shilpi (writer ) 28 July 2012

Plz reply as soon as possible. Its very urgent..

Guest (Guest) 28 July 2012

Section 409 punishes breach of trust by a public servant. The essence of the offence lies in the public servant dishonestly misappropriating or converting to his own use any property, or dishonestly using or diposing of any property of which he had entrustment or dominion in his official capacity, and is punishable with imprisonment of life or for upto 10 years. That the quantity/value of the property so entrusted and allegedly misappropriated is less cannot be a ground to absolve the accused. However, it can be a mitigating factor when it comes to the quantum of sentence. There being no provision of AB in UP, if the stay on arrest is not given the arrest of the accused is imminent whereupon she shall have to seek regular bail.

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Ramesh Potedar (Advocate) 28 July 2012

Agree with Ashish ji's view.

shilpi (writer ) 28 July 2012

She has also applied for a bail but the magistrate has not approved it. Now what to do? How she can be prevented from going to jail?

Guest (Guest) 28 July 2012

There is no provision of AB in UP. You can however seek stay on arrest, and if the same is denied you can seek interim bail from the HC which will be decided the same day.

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