Arrest Without Presence At Event Place

706 votes

hello client as i can read ur problem is really serious in nature its a matter of muder with tge help of police constable . in this matter we need to immidiatelly file bail of ur nephew who is been arrested from his home on the Regustered FIR by the agreved party whose fellow has died in the firing . as well as you also need to move to high court for the quashing if the FIR in high court so tht your nephew is able to move out of the jail if you are havving proof tht your nephew is not present at the time of incident.

Advocate Vishwanath Pratap Singh LawRato

595 votes

You have to clarify whether they are in police custody of judicial custody, as in most of cases of murder accused person are first sent to police custody. This is arbitrary to arrest someone and that too at 2 AM at midnight when he could have been asked to join investigation by the police , what is even more important is that at a time when there is lockdown HC has directed the police to stay away from arresting people and overcrowding jails. However you also have to understand that its a case of murder which classifies as heinous offence and Police can get away with such arbitrary decisions in such cases as courts will give benefit of doubt to the police. The most important point you have mentioned is that your nephew was not present at the spot and was someplace else, if you can prove this by call records, cctv footage etc then the entire case will fall in favour of your nephew . The only remedy right now is to approach court for Regular Bail under section 439 CRPC which is filed before session court or Hon'ble HC. Due to lockdown courts are closed but urgent matters are being taken up via video conferencing . We might have to approach Hon'ble HC directly due to the circumstances.

LawRato LawRato

652 votes

First you should apply for bail While bail in murder cases would not be easy, the fact that your nephew wasn't even present will make up for it. Further, file for quashing of FIR before the concerned High Court under S. 482, Cr.P.C. Attaching phone location to show that your nephew wasn't present at the crime scene would certainly help your case in quashing of FIR

LawRato LawRato