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HC grants bail as police says no custody required


09-May-2023 (In Criminal Law)
In 376, rape on false marriage pretext, Police in their status report says no further custody required as accused has co-operated and submitted the phone while he joined investigation.Due to which high court grants bail. Can it be further challenged in Supreme court?
Answers (5)

Answer #1
868 votes
Bail granted by HC can be cancelled by SC if evidence, gravity of crime or societal impact not considered. The SC in it’s April 2022 judgement quoted that “the bail can be cancelled if the gravity of the offence or its societal impact were not considered by the lower courts”. For more legal assistance I am just a call away.
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Answer #2
503 votes
Yes it can be challenged subject to the condition that the lower court has failed to consider the relevant materials and gravity of the case. For any further legal assistance please feel free to contact Thanks
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Answer #3
1000 votes
hello client as i can see your issue is really very much need to be worriwd in this matter yea it can be challanged as well as it supreme court can also cancel his bail also on the pretext of the spacific alliagtions in front of supreme court od india
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Answer #4
674 votes
yes it can be challenged in the supreme court. what needs to be shown is that the police's stand in the status report is incorrect and that there are circumstances that exist that justify further custody of the accused person.
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Answer #5
945 votes
challenging high court order in Supreme Court cannot be ruled out. in given circumstances no case under section 376 of rape is made out. in SC case it was held that if both parties are major and voluntarily have physical relation then no rape is said to have been committed.
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