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Bail for a fake case against me under IPC 506/509 and SC/ST Act
16-Nov-2023 (In Anticipatory Bail Law)
An unknown lady has alleged my father and my brothers under SC/ST Act, when they were not even present at the said incident place, that lady was planted there for intimidating us, because we have a civil case filed against our landlord, now the police has taken them in custody without any prior info, what should I do?
You should immediately consult a criminal lawyer with the copy of the First Information Report and seek legal advice. You can move an appropriate bail applications and apply for seeking bail under section 439 Crpc. Do you have a proof that they were at some other place at the time of alleged incident
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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you may file an application for bail in the case. additionally if the case is false and fabricated and there is no sufficient material for proceeding, you may consider filing of a quashing petition in the case.
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Adv. Kawaljit Singh Bhatia
Delhi | 25+ Answers
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If they are taken into custody that means F.I.R is registered. since you mentioned non bailable offenses. She can't implicate people under Sc/st as per the recent judgment of the supreme court which states the priliminary inquiry by the officer. Therefore, if they are arrested we have to obtain a regular bail. so, we should obtain the regular bail. legal assistance is highly recommended.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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See if they are in custody then you have to file regular bail before concerned session court. You can also seek quashing of FIR by the Hon'ble High Court.
If the lady is planted for lodging false FIR then she your father definitely gets bail from session's court.
If dismissed, the high court would grant you bail.
In future, you can also file case for malicious prosecution against that lady.
Revert me if you need assistance.
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Adv. Atul Patni
Delhi | 5+ Answers
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hello sir, what you need is to file for bail application before a competent court having the jurisdiction to entertain your bail application. for that u would need to get a copy of fir from the police station
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Adv. Megha Mary Thomas
Delhi | 100+ Answers
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yess you can apply for anticipatory bail and some anticipation application. you need to get contact with a intelligent and experienced lawyer in this matter . because sc/st allegions are there and more over there is one pervious case pending between the parties. you need to discuss it at length to whom police had taken in custody.
regards
Ekta Agarwal Advocate,
you can discuss with me your matter in detail if you want.
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Adv. Ekta Agarwal
Delhi | 25+ Answers
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You need to send the proper details as well need to take action or else defend your side with the help of legal fatality. And also you need to file the bail application urgently in the Hon’ble court. Also share your previous case details.
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Adv. Himanshi Bhardwaj
Delhi | 25+ Answers
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immediately apply for a bail without fail and then after securing bail will see if we need to move for quashing or to proceed with the trial court only. but take swift action in this and on immediate basis.
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Adv. Pawan Prakash Pathak
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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