Legal Question in Criminal Law in India
I heard about this case as below:
one who charged with 143,147,148,323,324,326,307,302&109 with section 149.
police charged above 10 members in this case
one of them he was.
but when the incident was done that day he is out of station .
he is having railway reservation chart(confrmation) ,ticket.
when inncident was done same day he operated 2 atm transaction.
atm is above 600 km from the incident area,
he collected his video photage from nationalised bank throgh a lawyer.
on that day he went to government hospital beacuse he suffuring hedche & strain he was treated there some hours & he get bills & nature of treatment certificate from the government hospital with mentioned date & timing.
he also had lodging bill.
on all this ground whether antisipatary bail will garnt?
one more thing its above 7 months. can he go high court.
4 Answers from Attorneys
in case he has sufficient materials to prove that he was out of station and 600 km from the place of incidence, this is a good ground for anticipatory bail.
If whatever you have stated in your question is true then you would certainly get anticipatory bail to begin with and you can get the FIR quashed against you as well by filing a petition u/s 482 Crpc before the High Court.
since 7 months what is he doing contact me on my cell phn to to get bail
If 7 months have elapsed since incident, then the Police must have filed a Final Report of the matter.
You have not specified what is stated in the Final Report of the Police vis-a-vis your plea of alibi.
In case police have collected material to counter your plea of alibi, then you may find it difficult to get a bail, if offence is serious one like a murder.
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