Chances of getting bail in rape cases
I have filed FIR u/s 376 (Rape) and accused got arrested and applied for bail which got rejected from lower court. Same has been being applied in high court. What are his chances of getting bail? Secondly his family members are trying for compromise through a common friend. Whether court will grant bail on such ground?
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It is not possible to suggest the chances of the accused to secure bail with the given set of facts as the same depends upon numerous considerations/factors. It is also pertinent to note that the offence under Section 376 IPC is not compoundable in nature, i.e. it falls in a category of cases where the law does not permit them to be settled simply at the wish/desire of the parties and requires permission of the court, which might not be readily available given the nature of the crime. However, the possibility and ease of settlement may depend upon the stage of the proceedings which are not capable of being determined with the given set of facts. Consultation Advised. Please note that the present response/opinion/reply is in view of the limited facts put forth by you and shall not be deemed to absolute/exhaustive and is only preliminary in nature.
His chances of getting bail depend on the facts and record of the case. Further, in your case, he will have to satisfy the High Court that the reasoning given by the Trial Court are wrong. The offence cannot be compromised as per law. However, to work out a solution and to get a proper advice, you should meet and consult a suitable lawyer in person.
The offense under section 376 IPC is very serious in nature however if the accused proves the facts which are in favor of him then he will get the bail easily by the High Court. You may challenge the granted bail further. You can get in touch with me for further advice accordingly.
Tags: Bail Anticipatory Bail