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Appeal in high court as bail for case u/s 408 IPC rejected


17-May-2023 (In Criminal Law)
Can I apply and get bail from lucknow high court. The total amount in the FIR is 14 lakh for three people but it's 1.21 lakh for me. Will I get bail from high court?
Answers (5)

Answer #1
507 votes
A definitive opinion can only be given after a perusal of the f. I. r. You can get bail... That depends on the merits of the case... And the relevant entries made in the case diary by the I. O. When was the bail rejected by the court below?

Answer #2
747 votes
Dear client if session court reject the bail petition then u have to apply in high court for the bail. Immediately file bail petition high court on the fresh grounds. For any legal help call me
hope you understand
Answer #3
673 votes
the offence of section 408 ipc is cognizable and non-bailable, so the grant of bail will be at the descrition of the court, you would have to take a proper legal consultation with full details and documents of the case, so that you can be given a proper legal advice, you should engage a lawyer as soon as possible.
Answer #4
932 votes
If u have already filed a bail application in the High Court, & it's rejected.
Then, you can file second bail application before the same High Court.
There is no bar in successive bail applications being moved for consideration by the Courts. There is no time limit set for moving the court for bail, after the first bail application is rejected. However, it should be only when some new facts and circumstances have developed after rejection of the previous bail application, then only the second bail application should be considered on merit.

For example, filing of charge sheet, examination of a substantial number of witnesses by court, etc., can be fresh grounds. While the mere fact of a few months having elapsed after rejection of bail application may not necessarily be a fresh ground for second bail application, there are cases in which this ground has been considered by the courts for granting bail when second bail application was filed after a few months of the first bail application. But, the fact remains that there is no specific time limit mentioned in law or judgments. It is a discretionary power which depends on the facts and circumstances of each individual case.

In any case, successive bail applications by an accused are not barred as there is nothing like a principle of res judicata operating in the field but there must be a substantial change in the fact situation for the court to entertain a subsequent bail application. Where there is no substantial change in fact situation thereafter necessitating release of accused on bail, order granting bail would be illegal.
Answer #5
537 votes
Hello dear client,
If you appeal in honourable High Court for anticipatory bail.
You must have solid grounds to get a bail.
Rest it depends on your learned council.
He can obtain anticipatory bail for you by his own talent....
All the Best

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