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for this case where bail has been granted discharge is better or quash


24-May-2023 (In Criminal Law)
The investigation of this crime is over andncharge­sheet is filed. In the light of foregoing, prima facie itnappears to be consensual relations then in that eventuality, thenoffence at this stage against the applicant is not made out. Thenapplication for pre­arrest bail is maintainable. Physical custody ofnthe applicant with the investigating agency is unwarranted sinceninvestigation is set at rest also, the offence is not made out. On allnthese grounds, the applicant deserves for pre­arrest bai
Answers (5)

Answer #1
753 votes
very vague contents of query. what is complaint? details required. if the offense is under section 376 IPC I.e. rape and not bailable, then apply for anticipatory bail. Relation was mutual or not, which is a matter of trial. Investigating an agency has full authority to have custody of complainant if the complainant is minor or until the investigation is not complete. if complsinant is minor then her consent does not matter. Being accused, you donot have any say in the police investigation nor you have any authority to dictate or guide police.
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Advocate Siddharth Srivastava

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Answer #2
761 votes
hello client as a matter of facta which you have mentioned here is seems to be a matter which ia been filled with malafied intension so in this matter i can advice but with out any documents going through will not be advidable so we need see and knw the facta in the file then we xan advice in better way.
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

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Answer #3
692 votes
Yes…if there’s appears that the applicant seeking anticipatory bail is free from any kind of crime and the offence is not made out against the applicant then he is entitled to get the bail. And if the chargesheet has been filed then he can also approach the HC for quashing of the said FIR. For more legal assistance I am just a call away.
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Advocate Jitender Singh

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Answer #4
901 votes
Anticipatory bail has a diff concept altogether. It means that the person against whom charges have been levied is seeking bail in case arrest happens. that is why the grounds shall be the previous antecedents, nature of the offense, gravity of the punishment and other grounds such as age, dependents, earning etc. Facts based approach is highly recommended.
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Advocate Yuganshu Sharma

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Answer #5
691 votes
Quashing can be done on merits or on the basis of compromise. On merits it’s only possible if you have conclusive evidences in your defence. You need to hire expert advocate for everything n to do vigorous arguments during framing of charge etc B in touch
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Advocate D. Khan

Adv. D. Khan

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