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Bail procedure for kidnapping case


12-Feb-2023 (In Criminal Law)
what is the provisions for grant bail under section 364A if the accused has self surrendered and there is no recovery from him the child return his home himself by driving his scooter and only the child who as per him was kidnapped and their parents supports the case their is no other witness supporting the case except call location of the accused and the accused has a custody of more than 2 years already , please suggest ?
Answers (2)

Answer #1
797 votes
See you have not disclosed that facts properly however on the basis of period of custody you should move a regular bail before the competent court having jurisdiction and u think you should be able to get bail
Answer #2
932 votes
DEAR SIR,
LET ME INFORM YOU THAT FOR ALL THE SECTION OR ALLEGATION UNDER INDIAN PENAL CODE THERE IS ONLY SECTION 439 AND 440 YOU CAN APPLY FOR BAIL.
FIRST YOU HAVE TO APPLY BEFORE THE COURT WHERE THE CASE IS PENDING, IF REJECTED THEN APPLY TO DISTRICT JUDGE/SESSION JUDGE/JUDICIAL COMMISSIONER (ANY ONE) IF REJECTED THEN BAIL APPLICATION FILE BEFORE HIGH COURT IF REJECTED THEN FINALLY APPLY TO SUPREME COURT.
AND THE MERIT OF THE CASE CAN NOT BE ANSWERED BY ME ON THE FACTS STATED AND SUBMITTED BY YOU

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