Mohim Roy | Legistify

Mohim Roy
Answered on 14 Aug 2019

In India, the best way is to get your criminal defence lawyer to negotiate with the other party especially if the case is false. If the case is false, it is obvious the other party only wants to make money otherwise there would be no reason to file a case. You can apply for anticipatory bail of you fear that you may be arrested on the false grounds. Do not negotiate directly or make any call from your phone to the party, but ask your lawyer to negotiate. If the false case was filed for something else, say revenge or malice - then it is most likely that with all the court visits and hearings the victim will soon find it difficult. If none of this work - then you have to confront evidence and argue in the court.Read More

Posted on 12 Aug 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 09 Aug 2019

Section 386 states that Extortion by putting a person in fear of death or grievous hurt.—Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Section 500: Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. Section 504 - Insult intended to provoke breach of the peace. Imprisonment for 2 years, or fine, or both.  You can hire a criminal lawyer in India to apply for bail in the court for these sections.Read More

Posted on 07 Aug 2019 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 13 Jul 2019

You can't get bail in certain cases if they are non-bailable offence, therefore, bail cannot be taken in earlier stages of rape case but at later stages, a good advocate may help you in seeking the bail. READ: Bail - All You Need To Know To proceed further with your matter you can consult with our expert criminal lawyer in India who will help you in your matter.Read More

Posted on 10 Jul 2019 | 1 Answer

Aditi Singh | Legistify

Aditi Singh
Answered on 11 Jul 2019

When a person accused of committing a crime is arrested, he/she has a legal right to file a Bail Application, seeking to be considered for release on bail. Bail is the process of securing the legal release from custody, of an accused charged with certain offences. A person has to execute a bail bond and furnish securities. He has to comply with the bail bond and appear before the police officer or court whenever required to do so. His failure can result in the termination of his bail. He has to submit the form (Form 45) given in the second schedule to the court in which his case is being heard. In case, he has been accused of a non-bailable offence, he can submit a similar form before the Court in which his case is being heard, but it has been left to the discretion of the Court to decide the same. If the Court is satisfied that reasonable grounds exist for detaining such a person, it can refuse the grant of the bail. Under Section 436 any person, other than a person accused of a non-bailable offence, is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before the court and is prepared to give bail, such person shall be released on bail as a matter of right. Under this section, the court cannot exercise any discretion in granting bail. Under Section 437 a court (other than a High Court or a Court of Sessions) or a police officer possesses the power to release an accused on bail in a non-bailable case unless there appear reasonable grounds that the accused has been guilty of an offence punishable with death or with imprisonment for life. Under Section 438 any person who apprehends or has reason to believe that he/she is likely to be arrested on false or trumped-up charges, due to enmity with someone, or in connection with a false case lodged or likely to be lodged against him, may approach a Court of Sessions or High Court for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on Anticipatory bail. Under Section 439 a High Court or a Court of Sessions possesses special powers to direct the release on bail of an accused person. These special powers are entirely discretionary and also apply to the discretionary power of a High Court or Court of Sessions to cancel the bail of an accused person. Legalities are confusing you may be our experts in criminal law in India can help you with their advice.Read More

Posted on 22 Mar 2019 | 2 Answers

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Anticipatory Bail is granted after the registration of FIR but BEFORE a person is arrested by police. If a person apprehends that he might be arrested, he may apply for an Anticipatory Bail. Regular Bail is applied for by a person AFTER his arrest. Since he has already been arrested and in the custody of police, he has to apply for Bail. Interim Bail is like a temporary bail which may be granted till the time your application for Anticipatory Bail or Regular Bail is pending before a Court. Read More

Posted on 19 Feb 2017 | 3 Answers

Aditya Dua | Legistify

Aditya Dua
Answered on 08 Jul 2019

The consensual physical relationship between live-in partners does not amount to rape in case the man fails to marry the woman due to circumstances beyond his control, the Supreme Court has held. You need to prove that there was a consensual relationship between both of them and the same must be mentioned as one of the grounds for the demand of Bail, rest you need to hire an experienced criminal law advocate in India who can represent your case and help you out from the situation you are in.Read More

Posted on 13 Jun 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 08 Jul 2019

IPC 376 is for punishment for doing rape, it is very serious and is non-bailable offence so bail, in this case, is not a fundamental right as in bailable offences, there two cases are same and remedy depends upon the facts and circumstances of every case, therefore, there is no straight jacket formula. READ: Is getting Bail a Fundamental Right in India If prima facie the ingredients of an offence under section 376 are not made out or if your case fits so, you can get the FIR quashed under section 482 of CrPC in the High Court. If legalities confusing you ask from the experts of the criminal law in India who can help you in the matter.Read More

Posted on 10 Jun 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 03 Mar 2019

With respect to your query, the legal opinion is as under:- (1) Bail is granted to the effect that no arrest shall be made during pendency of the proceedings under 498A IPC case. (2) It is not mandatory to apply for anticipatory bail before applying for regular bail in the case.Read More

Posted on 28 Feb 2019 | 2 Answers

Team Legistify | Legistify

Team Legistify
Answered on 02 Feb 2019

The process to apply for bail depends upon the stage at which the criminal matter is. In case, the person is not yet arrested by the cour, but fears that an FIR may be filed against him with the police, the person can hire a .criminal defence lawyer in India to file an anticipatory bail application. If the police have already arrested the person and taken him to the police station, the bail lawyer can file a bail as per the bail application format given in the CrPC. The bail application is to be filed and approved by the court and then presented to the police to get the arrested out of jail. However, there are certain conditions on which bail can be granted in case the person is arrested or is likely to be arrested for a bailable offence: There are sufficient reasons to believe that the accused has not committed the offence. If, as per the court, there is sufficient reason to conduct a further enquiry in the matter. The person is not accused of any crime for which is punishable with death, imprisonment for life or imprisonment up to 10 years. Once the police prepare the charge sheet and submit it in the court, the person will be tried in court for that offence and would need to hire a criminal lawyer to present his defence in the matter.Read More

Posted on 01 Feb 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

One can apply for Anticipatory bail in the anticipation of a probable arrest in case there are chances that an FIR has been filed for a cognizable offence. An anticipatory bail may be filed at any time in the Subordinate court. You can find a lawyer suiting your needs by clicking here. Read More

Posted on 19 Feb 2017 | 1 Answer