What are the chances of bail in crime under Section 420 of IPC?
2 years ago
Sir/Madam,
One of my father's friend (say X) has used my father's bank account for some transactions. Those transactions were from my father's friend's girlfriend (say Y) who later realized that she has been cheated by X. Y registered a case against my X and my father under sections 376 and 420. My father had been in police custody for 1 week and in judicial custody since past 30 days. My father is not aware of the purpose for which Y transferred money to his account. My father transferred all the money he received from Y to X account immediately on the same day he received (Except 10k out of total 10Lakhs, my father asked X to adjust 10k for some urgent needs and he asked to cut 10k from the money sent my Y and transfer remaining to his account). My father is 50+, diabetic and has BP and migraine, but we don't have any medical documents to prove that. We have bail hearing next week. What are the chances of getting bail in this case? Please advice.
Since 420 is a Non-bailable offense it is the discretion of the court to grant bail. But the same can be granted if the court feels satisfied the accused shall not escape and will attend the proceedings and be present before the police when called upon. You can apply for bail citing the medical condition of your father. But you will need proof to get bail. so, gather all the medical reports you have. If the court is satisfied it may grant bail, and please clarify whether 376 is of IPC or any other Act.
Thank you
Since Section 420 of IPC is cognizable and non bailable hence getting bail is very difficult but not impossible. You need to speak to your lawyer who is going to defend your father and also apply for bail. Give him all the facts and information and let him try his best to argue in the court room and seek bail.
If the court is convinced that your father is not a directly involved and also the Police (IO) investigation says the same then there will be a good chance for bail.
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