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Author: MyLawyer

Best and Experienced Lawyers online in India > Articles posted by MyLawyer (Page 8)

Legal Advice on Anticipatory Bail on the Ground that Alleged Offence does not Imply a Prima Facie Guilt: Best Criminal Lawyer Advice

"The establishment of a guilt is a condition precedent to charge or implicate a person in a criminal case as an alleged accused. Further, if a prima facie guilt or prima facie case is not made out by the Police or the Prosecution against the alleged accused then the same is a valid criminal defense or a valid ground for bail in order to obtain anticipatory bail or regular bail. An application for anticipatory bail is filed before the Sessions Court and an appeal is filed before the High Court." Allegation of an offence does not imply prima-facie guilt and this can...

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Legal Advice on Anticipatory Bail on the Ground of Previous Conduct of the Accused: Best Criminal Lawyer Advice

"The previous conduct of the alleged accused plays a key role in deciding any bail application for anticipatory bail or regular bail in a criminal case. Further, it is a valid criminal defense and a ground for bail as the Courts in India in a given criminal tiral or criminal case always look into the antecedents of the alleged accused. Thus, the previous conduct of the alleged accused and his/her antecedents is an important ground for bail in criminal proceedings against the alleged accused." Anticipatory bails are mostly sought on the basis that the accused had no antecedents or the accused...

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Legal Advice on Anticipatory Bail on the Ground of Previous Relationship between the Accused and the Complainant: Best Criminal Lawyer Advice

"The past relationship between the accused and the complainant is always considered while granting anticipatory bail or regular bail in a criminal trial. Further, the same is a valid criminal defense under the criminal law and act as a deciding factor in a criminal case. If the past relationship i.e. direct relationship can be established then the same can help in achieving a direct corollary and relationship between the accused and the complanant." Anticipatory bail can be sought on the ground that there is no relationship between the accused and complainant and the allegations are vague in nature or frivolous case...

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Anticipatory Bail on the Ground of the Accused not Tampering with the Evidence or Manipulating the Witnesses: Best Criminal Lawyer Advice

"The biggest reason for the rejection of the anticipatory bail application or the refusal of the application moved for anticipatory bail by the Court is the apprehension as to the accused making attempts to tamper the evidence or coerce the witness. Therefore, the accused needs to assure the Court that under no circumstance he/she shall ever make any attempt to tamper any evidence or shall make any attempt to coerce or influence any witness. The entire commitment has to be there during the entire criminal proceedings or criminal trial." One of the parameters that the Court keeps in mind before deciding...

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Anticipatory Bail on the Ground of Plea of Alibi Best Criminal Lawyer Advice

"Anticipatory bail is a difficult and challenging task. This can be obtained by the order of the Court of Sessions or the High Court only. Further, the plea of alibi i.e. a plea whereby the alleged accused submits that he/she was not at the place where the offense was committed or the crime was committed is a very difficult criminal defense or the ground for bail to prove. It requires even the usage and tendering of electronic evidences to prove innocence in a criminal proceedings or criminal trial respectively. All these criminal defenses and the grounds for obtaining anticipatory bail...

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Anticipatory Bail on the Ground of Probability of Joining the Police Investigation Best Criminal Lawyer Advice

"An anticipatory bail can be obtained from the Sessions Court or the High Court. The main contention of refusal o the anticipatory bail or rejection of the anticipatory bail application is the apprehension that the alleged accused shall not join the Police investigation. Having said that, if the Court is satisficed that the alleged accused shall be duly joining the Police investigation then his/her application for anticipatory bail can be allowed." Anticipatory bail can be sought on the ground that the accused can help in investigation by joining it. It is also one of the parameters which the Court keeps in...

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Anticipatory Bail on the Ground of Intoxication and Influence of any Narcotics: Best Criminal Lawyer Advice

"Intoxication and influence of narcotics is a valid criminal defense and a valid ground for the grant of anticipatory bail in a criminal case. The alleged accused has to prove that he/she was under the influence of an external agent and was not in his/her conscious. Further, the Court shall also examine before granting bail is to whether the influence was voluntary or non-voluntary. The entire criminal trial involves around the mens rea to commi an offense or crime or not." Anticipatory bail can be sought on the ground that the alleged offence was committed by the accused when he/she was...

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Differentiating Counter FIR & Counter Complaint:: Best Criminal Lawyer Advice

"A criminal case or a criminal trial is a very complex preposition. Lodging of Police complaints, registration of FIR, filing bail applications, tendering evidences in criminal proceedings, applying the criminal defenses and preferring an appeal is an entirely difficult process. To understand the difference between counter FIR and counter complaint, it is important to understand what is counter FIR and counter complaint. Both counter FIR and Counter complaint is/are nowhere defined in the Criminal Procedure Code (Cr. P.C.) of 1973 but it is filed under Section 154 and section 155 of Criminal Procedure Code (Cr. P.C.) of 1973 respectively. An...

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Explaining Cross FIR & Counter FIR:: Best Criminal Lawyer Advice

"A criminal case or a criminal trial is a very complex preposition. Lodging of Police complaints, registration of FIR, filing bail applications, lodging of counter Police complaints, registration of counter FIR, tendering evidences in criminal proceedings, applying the criminal defenses and preferring an appeal is an entirely difficult process. An FIR is the abbreviation used for First Information Report. It is the first information given to the police about the commission of a cognizable offence. This report forms the basis on which the police starts investigation. Section 154 of the Criminal Procedure Code (Cr. P.C.) of 1973 deals with filing...

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Insider Threats: A Catastrophic Legal Challenge to IT Security Companies: Best Corporate Lawyer Advice for IT Security Companies in India

"The relevance and significance of IT Security Companies in India have risen manifold. The Government of India has also amended and enacted different legislations for corporate laws and IT laws and the IT Security Companies in India have to duly adhere by them. Further, the legal compliances for IT Security Companies in India have also been increased. The biggest challenge which the IT Security Companies in India face is the insider threats and to overcome the same they have to bring stringent checks and balances. Over here we have discussed in detail the applicable laws on IT Security Companies in India...

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