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Should bail be taken when a complaint is filed in police station


06-Sep-2023 (In Criminal Law)
A counter complaints is taken up the police and I was asked to take a bail.should I take bail or should I file petition in the High Court..section 341,323,506 are been charged plz advice..
Answers (3)

Answer #1
873 votes
District court having jurisdiction to grant anticipatory bail you can take it at district court under section 438 of crpc and you can even get 437 bail in the event of arrest by police if wanted quash of proceedings only need to got to high court
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Answer #2
823 votes
HI The offences charged are wrongful restraint, causing hurt and criminal intimidation. You should take anticipatory bail either is sessions court or at High court u/s 438 of Cr.P.C Since it is a counter case, you should get bail in normal circumstances in the sessions court itself.
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Answer #3
532 votes
You need to file the petition in the High Court for getting Bail and all the sections mentioned are not much grave . You can take the surety and apply for bail through your counsel. 323. Punishment for voluntarily causing hurt. 341. Punishment for wrongful restraint 506. Punishment for criminal intimidation. Please refer the below case State vs . Sobhit Jaswal on 31 October, 2014 Showing the contexts in which 323/506/341 IPC
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