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Having physical relationship with consent is an offence or not


06-Sep-2023 (In Criminal Law)
if two lover, make sex. and after 1year girl filed FIR and case the boy, did her rape and police charge the rape case u/s 376. In this case bail is possible
Answers (3)

Answer #1
749 votes
Bail is possible but that is purely discretion of the Judge basis facts and circumstances. There is no straight - jacket legal point as to whether bail is possible or not..... Contents of FIR will have to be looked at and also facts and circumstances would be required to be examined
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Advocate Urfee Haider

Adv. Urfee Haider

LawRato Delhi | 25+ Answers
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Answer #2
814 votes
Yes, in such cases even Anticipatory Bail is being granted by the Sessions Courts. It would be best if you first approach the Sessions Court. If the Sessions Court does not grant you bail, you will have fairly good chances at the High Court. Even the Supreme Court is granting Anticipatory Bail on a regular basis in these matters. In case chargesheet has been filed, you will have to appear in person before the Sessions Court and move for Regular Bail u/s 439 of CrPC.
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Advocate Kushagra Pandey

Adv. Kushagra Pandey

LawRatoDelhi | 25+ Answers
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Answer #3
566 votes
Hello, Yes it is possible to get a bail in such matter. Because the background which is there is of utmost importance. Details are required for further clarity regarding the offence and all the documents n all for further references.
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Advocate Amit Wahi

Adv. Amit Wahi

LawRatoDelhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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