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Anonymous .....
in Criminal Law Procedural Law
Asked August 05, 2017

Bail for attempt to commit culpable homicide

  • 2 Answers
  • 909 Views

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.

Answers 2

Attempt to commit culpable homicide is covered under Section 438 of IPC and is a non-bailable offence under Schedule 1 of CrPC. Therefore, the chances of you getting bail are slim.

 

However, under section 437 of CrPC, in these circumstances you can apply for bail-

 

(1) If you were arrested or detained without warrant by an officer in charge of a police station or is brought before a Court other than the High Court or Court of Session.  However, since you have been accused of a cognisable offence, such a bail will not be granted, if you are not sick or infirm in addition to having been arrested without a warrant as mentioned above. This is covered under Section 437 (1).

 

(2) If you can bring it before the court’s notice about that video evidence by filing an affidavit and convince that there are not reasonable grounds to believe that you were guilty, then the court may grant you bail. This is covered under Section 437 (2).

 (3) If, in any case you are being tried by a Magistrate and the trial was not concluded within a period of sixty days from the first date fixed for taking evidence in the case, then you can be released via a bail. This is covered under Section 437 (6).

 

Agree Comment 0 Agrees over 3 years ago

You should go for the pre arrest bail(anticipatory bail) 100% u will get it 

Collect the evidences supporting you if it's video get the photographs from them 

 

Agree Comment 0 Agrees over 3 years ago

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