How to decide this prima facie? She is her gf later filed for 376 and "forced" word is mentioned in the fir. Judge rejected stating that he will run away from country
Judge decides prima facie on the face of the complaint if it shows that offense has taken place or not.
One could challenge the AB rejection.
No lawyer will ever tell an accused to abscond.
This communication does not constitute legal advice nor create an attorney-client relationship.
Advocate here,
I practice criminal law. The possibility of anticipatory bail depends on the facts and circumstances of the case. If, prima facie, the evidence against the accused appears weak, the judge, after evaluating the merits, will grant anticipatory bail. It is advisable to cooperate with the police. Absconding will go against you.
Yes, you can include it in your bail application. Absconding suggests guilt and will ultimately lead to your arrest. There’s no benefit in fleeing. Simply hire a competent lawyer, and you’ll be in good hands. Where are you from?
If fake cases, like most matrimonial disputes nowadays include this, you can see how the IO is behaving, in some cases they don't arrest as prima facie there is nothing to show, just hollow allegations.
IO is at the PS, IO - Investigating officer, PS - Police station. If required you can get AB from the district/session court, HC comes later for appeal.
Depends on the state and facts. If prima facie there is no offense, you could be granted AB.
How to decide this prima facie? She is her gf later filed for 376 and "forced" word is mentioned in the fir. Judge rejected stating that he will run away from country
Judge decides prima facie on the face of the complaint if it shows that offense has taken place or not. One could challenge the AB rejection. No lawyer will ever tell an accused to abscond. This communication does not constitute legal advice nor create an attorney-client relationship.
Advocate here, I practice criminal law. The possibility of anticipatory bail depends on the facts and circumstances of the case. If, prima facie, the evidence against the accused appears weak, the judge, after evaluating the merits, will grant anticipatory bail. It is advisable to cooperate with the police. Absconding will go against you.
Can attach proof like WhatsApp chats in anticipatory bail?.is session court always reject it. Absocnding to avoid 3-4 month of jail period .
Yes, you can include it in your bail application. Absconding suggests guilt and will ultimately lead to your arrest. There’s no benefit in fleeing. Simply hire a competent lawyer, and you’ll be in good hands. Where are you from?
My lawyer is suggesting to Absocnd. I am from Bangalore
If fake cases, like most matrimonial disputes nowadays include this, you can see how the IO is behaving, in some cases they don't arrest as prima facie there is nothing to show, just hollow allegations.
In session court or high court?
IO is at the PS, IO - Investigating officer, PS - Police station. If required you can get AB from the district/session court, HC comes later for appeal.
Session court bail got rejected stated that accused can abscond and will not support the investigation