How to get bail if charged u/s 439 of CrPc

931 votes

Sir

I believe your query is that there is an FIR registered for committing fraud / cheating etc worth Rs. 2.7 Crore and the accused have been arrested by the Police, and Bail is required to be secured from the Sessions Court under Section 439 of the Criminal Procedure Code.

I believe the basic offences charged would be under Section 406, 420 of IPC amongst other.

Now, to answer such query, whether bail can be granted or not in such case, the specific facts and circumstances of the case have to be considered and relevant papers have to be perused, and only thereafter a precise legal opinion can be given regarding chances of Bail.

There are few fundamental questions which are needed to be know, i.e.

1) Copy of FIR is required to be seen to know the following facts : -

What role has been attributed to Accused in the FIR ?
Under what specific sections the FIR is lodged against you ?
How many accused are involved with the offence ?
Are any of the accused enlarged on Bail ?
Whether it is a civil nature dispute ?

2) Whether the Charge Sheet is filed ?

Once we get the answer to the aforesaid questions, it could be advised as to how we can secure bail from the Court for the offences alleged. The first bail application has to be filed with the Sessions Court of your City.

Recently we got bail of accused involved in offence of 2 crore rupees.

You can book an appointment with me to discuss this case further.

Regards

Advocate Vivek Mapara LawRato