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How to get bail from accusations of gambling
02-Jun-2023 (In Criminal Law)
My friend was arrested by haryana police and charged for gambling. He was standing outside on road in front of gambling house but was arrested in raid by SIT He was not playing any game their, instead he was standing outside and was their for some other work in market. But cops grabed him. When he resist and told the cop that i m here for my work in market but cops didn't listen to him and beat him brutally as he resist, and make him the prime suspect. He has 5000 rupees, the full day earning of his shop and shop keys as well. Cops mentioned in chartsheet that the recovered amount is the amount won in gambling. He is innocent and never did these kind of things. He is in prisoned from last night and even ask of his clothes were removed by cops and was kept in this condition for full night. Please provide me the legal advice regarding what should I do and process of bail and other actions.
Your friend can apply for bail under section 437 of CrPC. Also, after doing the same, he will have to prove in the court that he was not involved in the gambling and he will have to prove himself free from all accusations. As the court presumes every person to be innocent until proven guilty. Thus, he will have to fight all the charges. Also, every detainee is required to be presented before the magistrate within 24 hours of his arrest. along with this you can file a quashing petition before the Hon'ble HC to quash the present FIR
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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well, it is very sad that police is still taking such actions as if we are living in British India. as far your query is concerned you should appoint a lawyer and file bail application through him. Bail is the discretion of the court, it depends purely on evidence and some other factors. detailed study of facts and evidence is required. as far as my opinion is concerned, It looks that your friend will get bail very soon.
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Adv. Mohit Aneja
Panipat | 25+ Answers
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