Legal Question in Criminal Law in India

my freind is innocent.he is charged with the section143,147,148,341,323,324,326,3nt07,302&109 with ipc 149.he was not in the station at the time of incident.& also he got solid proofs (railway ticket,atm withdrawl slip,lodge accomondation bill,on that day he was suffering from hedache&giddiness.got(hospitalised)govt hospital medication prescribed bill which is bearing date& time with the name.he also applied for cc photage.& got it.(cc phootage)w in legal way by applying to the concern bank.with therec(oncern bank) aknowledgement letter in hand.(charge sheat is submitted by io to the honrable court).what my quetion is 438 is grantable?under the law? if yes.pls refer me some case judgement.humbly requeting.

Asked on 5/02/11, 3:33 am

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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your friend has a good case for seeking anticipatory bail as he can take the defence of alibi. he may file the application with all the relevant proofs that are in his possession.

Answered on 5/02/11, 3:44 am

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Sanjay Kalra Sanjay Kalra & Associates

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Section 438 of Crpc is a provision for anticipatory bail . If what ever you have stated in your question is true then i am sure your friend shall get anticipatory bail from the sessions court and subsequently your friend can file a petition before the High Court for quashing of FIR u/s 482 Crpc aso.l

Answered on 5/02/11, 4:08 am

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