Regular bail in case accused is not arrested.
02-Jan-2023 (In Criminal Law)
Hello Experts,
I was in a relationship with a girl. We were going to marry soon. She is suspicious in nature and due to some misunderstanding she misbehaved with my parents 2-3 times. Finally, I and my parents decided not to continue. She slammed IPC 376,506 on me. We've done oral sex but sexual intercourse never happened. Even in MLC of girl it is found that girl is virgin. She's mentioned in FIR that sexual intercourse happened. My question is:
• I was not arrested during investigation (Arnesh Kumar vs State Of Bihar), nor during the submission of charge sheet. Did I need to take regular bail? What's the process? I was present in court at the first hearing. The case is currently in MM court.
• Next hearing date is on 10th jan 2018, shall MM court order for my arrest on this date?
• It's mentioned on copy of order that "Scrunity of documents and commital proceeding" on next hearing date ie on 10th. What does it mean?
Thanks.
Hi firstnof all what had happened what did the court say and all what did the judge say in the order what is the order of the case what is the case about first we need to see the complete order and chargsheet which is been filed and all yes’ u can apply for it
Hi Sir,
In this very matter, it is very important to take bail orders from the Hon'ble Court as RAPE is a Non Bailable offence,
Secondly, the next date of hearing is put up to tell the Hon'ble Court if all the documents are complete in chargesheet or not.
For more information, feel free to have a word with me. All the best.
In this very matter, it is very important to take bail orders from the Hon'ble Court as RAPE is a Non Bailable offence,
Secondly, the next date of hearing is put up to tell the Hon'ble Court if all the documents are complete in chargesheet or not.
For more information, feel free to have a word with me. All the best.
in this regard, i advice you to seek for the regular bail as there can be arrest after the charge-sheet was also filed. But surely, the said ground of filling of charge-sheet without arresting you is good enough to convince the court. Further, it is for the scrutiny of all the documents in the matter which means that the documents which have been relied upon by the Police authorities are reliable vide which such charges can be framed. I cannot more on your case till the time i go through your case. For Further clarification, please contact.
Dear client,
Don't worry everything will be ok. Yes you have to take bail from the session judge because MM Court doesn't have power to try these type of cases. On 10 Jan MM asked your lawyer or you whether all the documents in the charge sheet are complete if you and ur lawyer say yes than in that case the MM court will transfer ur case to session court. In the session court you have to take bail. Dear client for more clarification u can contact me and I m happy to help u.
Regards
Advocate Mudassar Khan
Don't worry everything will be ok. Yes you have to take bail from the session judge because MM Court doesn't have power to try these type of cases. On 10 Jan MM asked your lawyer or you whether all the documents in the charge sheet are complete if you and ur lawyer say yes than in that case the MM court will transfer ur case to session court. In the session court you have to take bail. Dear client for more clarification u can contact me and I m happy to help u.
Regards
Advocate Mudassar Khan
Dear Client,
if FIR has been filed against you involving you under sect. 376, which is non bailable offence , And court is verifying for the truth of her allegations against you, on her statement before MM Court.
But you must get Anticipatory Bail from court , for preventing you arrest , in case if court finds the case filed is try and you will have to face trial after charge sheet against you.
you may consult for the same
if FIR has been filed against you involving you under sect. 376, which is non bailable offence , And court is verifying for the truth of her allegations against you, on her statement before MM Court.
But you must get Anticipatory Bail from court , for preventing you arrest , in case if court finds the case filed is try and you will have to face trial after charge sheet against you.
you may consult for the same
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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