Legal Question in Criminal Law in India
sir if there are two accused in an offence u/s. 409.. and one accused is arrested and one is absconded..
then can court bail out a person arrested if it is proved that he is falsely implicated in that case though other accused could not found and not arrested ?
waiting for reply sir
thanking you..
4 Answers from Attorneys
If you are able to prove to the court that you are falsely implicated as you have written in your question, then in that case the court will give bail to the person who has been arrested.
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If a person has roots in the society (family, property etc.) and he will be available for trial, then bail is generally granted.
Abscondence of co-accused can not be a ground to refuse bail.
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