Fake FIR with Bailable offences
04-Mar-2023 (In Criminal Law)
Discussion between two adults due to small kid issue was converted to Physical attack by other party causing injury
FIR was registered by us and acused placed counter FIR (fake) on us
FIR done by us 325, 354, 509, 506, 34
FIR done by accused 509, 323, 504, 34
regular police bail is right approach ?
do we need to pay cash or Bond
after chargesheet again courtbail is needed ?
shall we go direct for court bail and avoid two bail cost ( police and court )
amy advise
Deepak.
first of all, 354 is not a bailable offence in the state of maharashtra. if it is 354 (c) or (D) it is bailable you need to clarify that secondly, if the sections aren't baial, you need tocget anticipatory bail to avoid going to police custody. if offences are bailable, you surrender before the court directly as stated in 436 crpc and apply for bail directly. going to the police will involve unnecessary harassment .
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