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Criminal case u/s 302 IPC and probably 120B & sec 34


04-Mar-2023 (In Criminal Law)
I need advice on a serious offense, that whether under section 302 anticipatory bail can be obtained? if the primary accused who is alleged primarily is under custody and the rest of the family members are public servants who were on job at the time of the commission of the offense. what are the chances of getting anticipatory of other family members of the accused
Answers (3)

Answer #1
516 votes
Hello Good Morning I'm Advocate Vivek In 302 matter if a person in Jail you can't take Anticipatory Bail you can take Bail. all the family members can take ANTICIPATORY BAIL but for that I have to see all relevant papers.
Thank you

Answer #2
734 votes
yes if court satisfies that alligation is false and baseless . than as sixth proposition framed by the different high courts and supreme court yes than co accused's may avail anticipatory bail under section 438 of CrPC.
Answer #3
677 votes
in serious offences like 302,304b ipc anticipatory bail can notbe obtained but if the accused had strong evidence and he proved that he has falsy implecated above case then court may grant anticipatory bail other family member present or not at the time of occurence it is matter of trial

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