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How to get bail in case of Sec 251aa
31-Mar-2023 (In Criminal Law)
My brother carried his pistol in school to bring his niece and der occurred an argument for fee issue as it was due n also he made a part payment and assured da school authority in writing to clear da dues on or before 7th April as but school principal denied made him get out of da school and on the other side his niece kept crying as she was all alone in da hostel seeing dis situation my brother became so hyper that his pistol came out from his pocket and ultimately the school authority got a chance and lodged a complaint in police station.now police has imposed sec 25 1aa on him .please advice what to do for da bail
Your brother ought to have kept his calm. You may meet me in my chamber for a detailed discussion on the matter. Your brother may have to take anticipatory bail. In the meantime let him stay safely because police may arrest him.
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Adv. Bidhayak Acharyya
Guwahati | 100+ Answers
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If your brother is not arrested he can obtain anticipatory bail under section 239 CrPC from High Court or Sessions Court, but if he is arrested initially you need to move a bail application in the court of Chief Metropolitan Magistrate of your district
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Adv. Abhijit Bhattacharya
Guwahati | 25+ Answers
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You have not clearly mentioned under which law the case has been registered by the police.. Anyways, i think your case is one which falls under sec 25(1AA) of the Arms Act, for which the maximum punishment is 7 years..
If ur brother has already been arrested by the police, in that event at first you may file a petition for bail through your lawyer before your nearest judicial magistrate.. If ur bail petition will be rejected by the Ld. Magistrate, then you have to move a bail petition before the sessions Court of your District..
Hope, this answer will help you.. Thanks..
If ur brother has already been arrested by the police, in that event at first you may file a petition for bail through your lawyer before your nearest judicial magistrate.. If ur bail petition will be rejected by the Ld. Magistrate, then you have to move a bail petition before the sessions Court of your District..
Hope, this answer will help you.. Thanks..
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Adv. Naba Kumar Das
Tinsukia | 25+ Answers
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