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Arrested in a case for work done in an official capacity


18-Sep-2023 (In Criminal Law)
My relative arrested in a case U/S 148,149,121,130,186,224,307,341,353,511,120-B & 25/27-54-59 Arms Act. After 2 days police remand now he is transferred to Jail. His name is not in the initial FIR, as per investigation officer he was arrested because he was present at the spot out of context. But actually he was there because of Govt. Duty assigned to him. Now we want to proceed with either bail for him or rejection of case against him because he was doing govt duty and there were no orders given to him not to go at crime scene. As of now charge sheet/chalan is not yet filed in the case against him.Need advice do we have to wait till charge-sheet/challan is filled against him or should we wait till any other accused in the case whose name are there in FIR file their plea in court.
Answers (1)

Answer #1
506 votes
Your relative can apply for bail. In case the bail is denied at Session Court, he can move to the High Court for immediate relief. As he was present at the scene of occurrence while discharging his official duty, there seems chances of getting the relief of bail. Whether to wait for the charge sheet/challan this question can be answered in proper manner only after seeing the remand paper filed by the police before the Court. He can avail the benefit of acting and discharging his official duties in Good Faith. If proved, he can be acquitted from the charge. But for this he has to contest the case and legal battle takes considerably long time. Further, you can contact through phone, e-mail or video conference for further advise.
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