Procedure to apply for bail in section 376 case.


I had lodged a false FIR against my boyfriend. He had been booked under IPC 376 and sent to jail. We have compromised. We have applied for bail in magistrate court where it was rejected. Will he get bail in judge court?


Answers (5)

DEAR MAM
KINDLY DONT GIVE STATEMENT ANYWHERE THAT YOU LODGED FALSE CASE PLZ REMEMBER THIS.
IF MAGISTRATR COURT REJECTED BAIL APPLICATION THEN MOVE BEFORE SESSIONS COURT AND IF SESSIONS COURTS REJECTS APPLICATION THEN MOVE BEFORE HIGH COURT IF HIGH COURT REJECTS YOUR APPLICATION THEN MOVE BEFORE SUPREME COURT.
FOR DETAIL ADVISE KINDLY CONSULT.


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Well, on the basis of compermise obtaining bail u/s 376 IPC is not so easy on early stage because it is not compoundable offense,but latter on your Lawyer may get it by own skill.
Thanks
Aditya kumar
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In non-bailable sections you cannot claim bail as a matter of right , and further section 376 does not fall under the purview of compoundable offence. so it is purely upto the court to decide whether bail should be granted or not.
However you are not barred from filing compromise petition and stating the reasonable fact by which a false FIR/Complaint was lodged by you.

If you are willing, yes bail can be granted. You need to proceed with caution. The terms of your compromise is very important and it is better if proper compromise is affected as per requirements of law.

Madam
Granting of bail is totally a discretion of Court(s). However, the Hon'ble High Court may consider the bail application in view of the terms of the compromise agreed vis a vis the gravity of allegation levelled under section 376, IPC.

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