Serious issue
9 months ago
Hi,
On 14/4/2023
My brother had gone to his friend's medical shop at around 8:15 PM for a medicine after taking the medicine he returned to home after his departure his friend was found missing.
On 15/4/2023
His friends bag and motorcycle was found near the river on the same night police came around 00:00 AM police came to my house and took my brother to police station and kept there till 18/4/2023.
On 16/4/2023
When my brother was in the police station the body of his friend was found floating in the river.
But the police also arrested his more 3 friends and forced one of his friends to sign a false concessional statement in which it is stated that he have done this incident with the help of his 3 friends including my brother but there is no eye witness, no murder weapons recovered no one is named in FIR
But the problem arising is that there is a barber near the deceased's medical Shop who said in his statement that my brother was seen sitting in the deceased's shop .
My question is that would this statement would create problems for getting bail?
I will always be thankful if anyone answers my question
Thank you
Ordinarily, the prosecution can call the barber as a witness to Court to testify against your brother. The burden of proof to prove that the veracity of the barber's statement is weak lies on you. In order to get bail, you can raise an argument that the confession was forced out of your brother's friends by the police and it is void. Any confession made in police custody or to the police is illegal and cannot be accepted in Court
Just your brother sitting near the medical shop or going there to get medicine seen by somebody in the open public place will not give much impact. Except your brother will have to cooperate with the police station.
But the statement by one of his friend that you mentioned can bring criminal charges. Arrange for an anticipatory bail if any information for his getting involved is received.
Thanks and Regards
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