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Trapped under IPC 308 along with Section 34 (common intention)
04-Aug-2023 (In Criminal Law)
Sir I am trapped in a case... There was a fight of my friend in which I went for the help. One of our friend hit the chair on the head of the person of the opposite side and he got injured and hence got 3 stitches on his head. And that person has filed case against us under IPC 308/34. They filed the case for 12 people and I am one of them but he has mentioned my name specially that I have hit the chair but I have done nothing I was just standing there and I have a video as a proof of it but it's not that much clear . So now my friend which had a fight is in jail since 18th July and he is unable to get bail and now police is saying to arrest us also because we haven't surrendered till. Only we four people are in trouble whose names are mentioned specially. All other are roaming freely. So can you please me what should I do now. One of lawyer said that we will not get bail. I am in a big trouble. Kindly help me. How can I get bail or get rid of this problem.
You need to contact with FIR and there is chance for geting bail but for this purpose you need to contact. It's also depend upon your roll mentioned inFIR or other material which were collected by police.
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Adv. Shashi Bhushan Jha
Delhi | 100+ Answers
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The entire evidence and the documentation needs to be produced before the judge who will be hearing the bail applications in the court where the police station will lie so that we are prepared for our bail
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Adv. Palav Agarwal
Delhi | 100+ Answers
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Dear clirnt before reading FIR it is not properly advisable that whether you get bail or not. The allegations that are levelled in the FIR shall be taken in to consideration before advising you on the topic
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Adv. Sanjeev
Delhi | 100+ Answers
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Sir, You yourself are saying that you have a video as a proof of your innocence. Please make a copy of the same and contact a lawyer to apply for your bail. I am sure, you will get bail on the basis of video recording.
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Adv. Brijinder Khurana
Delhi | 100+ Answers
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The following points will be considered during hearing of the bail application:
1. Whether the injured person is admitted in hospital or has come out of hospital after treatment.
2. What is the result of injuries sustained by him? Simple or Grievous.
3. Whether he has any previous criminal record?
4. What was the motive of crime?
5. The place of occurrence whether it is the house of accused or of victim or any other public place.
6. If any lady or senior citizen has been named in the FIR. His bail application is to be filed first.
7. Time of incident i.e. day or night.
8. Whether it has been mentioned in the FIR that the victim has been hit by the chair lying at the place of occurrence.
9. If the MLC of any of accused named in the FIR has been prepared on the day of occurrence. A counter case can be filed to put pressure on the victim.
10. How many day have elapsed since the happening of incident?
11. There can be many other points also which can emerge after discussion with the accused.
12. It is not very much difficult to get bail u/s 308 IPC provided the fight has taken place suddenly with or without any provocation.
1. Whether the injured person is admitted in hospital or has come out of hospital after treatment.
2. What is the result of injuries sustained by him? Simple or Grievous.
3. Whether he has any previous criminal record?
4. What was the motive of crime?
5. The place of occurrence whether it is the house of accused or of victim or any other public place.
6. If any lady or senior citizen has been named in the FIR. His bail application is to be filed first.
7. Time of incident i.e. day or night.
8. Whether it has been mentioned in the FIR that the victim has been hit by the chair lying at the place of occurrence.
9. If the MLC of any of accused named in the FIR has been prepared on the day of occurrence. A counter case can be filed to put pressure on the victim.
10. How many day have elapsed since the happening of incident?
11. There can be many other points also which can emerge after discussion with the accused.
12. It is not very much difficult to get bail u/s 308 IPC provided the fight has taken place suddenly with or without any provocation.
Helpful?
44+
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Adv. Chander Kant
Delhi | 25+ Answers
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