How Can I Get Bail In 376?

Is bail possible in 376?

Popular Criminal Lawyers In non-bailable sections you cannot claim bail as a matter of right , and further section 376 does not fall under the purview of compoundable offence.

so it is purely upto the court to decide whether bail should be granted or not.

If you are willing, yes bail can be granted..

Can I get anticipatory bail in 376?

Merely because the charge under Section 376 IPC, which is a serious charge, is now added, the benefit of anticipatory bail cannot be denied when such a charge is added after a long period of time and inaction of the prosecutrix is also a contributory factor.

What are the 7 types of bail?

Those seven different types are as follows:Surety Bonds.Cash Bail Bonds.Property Bonds.Citation Release.Recognizance Release.Immigration Bail Bonds.Federal Bail Bonds.Sep 28, 2020

What are the documents required for bail?

Depending upon the Judge/Magistrate, the documents required will be Ration Card, Aadhaar Card, Voter Id or Passport. Some Judges may insist on original RC Book of vehicle or property documents to be shown. Some Judges may insist on Government Workers to stand as surety.

Can 376 FIR be quashed?

In the instant case, the offence, complained of, is under Section 376 IPC, which is an offence of grave nature. In the eyes of law, the offence of rape is serious and non-compoundable and the Courts should not in ordinary 2 of 6. 47266 of 2019 -3- circumstances interfere and quash the FIR that has been registered.

When can a person apply for bail?

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that court may, if it thinks fit, direct that in the event of such arrest, he shall be released …

What is the Article 376?

“376. Punishment for sexual assault – 1 (a) whoever, except in the cases provided for by sub-section (2) commits sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to 10 years and shall also be liable to fine.

Is bail possible in Pocso act?

Chh HC | Bail granted to accused under POCSO Act on grounds of non-objection by the victim/ complainant. Chhattisgarh High Court: Prashant Kumar Mishra J., allowed the application and granted bail in the matter concerning offence under Protection of Children from Sexual Offences Act, 2012 (POCSO).

What are the conditions under which an FIR can be quashed?

Under this section, a High Court has the power to quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with malicious intention to trouble the aggrieved person.

Can FIR be quashed after chargesheet?

The impugned judgment and order passed by the High Court is set aside. The impugned FIR and the chargesheet filed against the appellants for the offence under Section 420 IPC are hereby quashed.

Who can grant bail?

The court and/or the police can require a person to act as surety for the defendant before granting bail. A surety is where another person who is prepared to promise to pay the court a certain sum of money should the defendant breach any of his bail conditions, such as failing to attend court.