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false rape case registered. Anticipatory bail rejected. What to do?


23-Jun-2023 (In Criminal Law)

A false attempt to rape has been filed in Jharkhand. Accused a resident of Delhi. Never been to Jharkhand. Have property dispute with someone in delhi (got favourable decision in high court. now before Division bench). He openly threatened to implicate me in false case. Still claiming that he has a few more such cases lined up even if I am saved in this case. Anticipatory bail rejected by district & high court. am afraid if supreme court also rejects then my family will be ruined. Can an appeal be filed before Division Bench of High court ? want to go for quashing as case is totally false.

Answers (3)

Answer #1
417 votes

If FIR is not registered, then anticipatory bail can be rejected. 

But still we will have to examine the Anticipatory bail order passed by district & high court and then we can suggest you the grounds on which you can file bail application and also whether you should approach Supreme Court or not.

Answer #2
598 votes
In criminal cases appeal before the division bench against the order of single Judge is not maintainable. Further you can provide the material in your defence to police for investigation and before move to Supreme Court once again go to high court with bail and quashing with all the material you have.
Answer #3
751 votes
after dismissal of your anticipatory bail in high court you can move to supreme court and not division bench. once you have obtained bail, and your position is secure, you can go for quashing before the jharkhand high court.

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