Can a PO get bail under section 439.

[Nihit Dalmia]

Girl and boy were in a relationship from 2000 to 2011. Owing to family restrictions, enmity between family (because boy’s elder brother marriage
was proposed to a sister of girl’s family and it broke) and financial gap between families ( boy’s family is rich and girl poor, so boy’s family was not ready to accept girl without any dowry). Now in may, 2013 girl filed an FIR stating that he had raped her on the false pretext of marriage in May 2010. Boy was afraid and wrong guidance, he was declared PO and was arrested in June,2016. 1st n 2nd bail rejected by ASJ. After the examination and cross of Complainant, 3rd bail was dismissed stating, grounds stated has no change in circumstances from previous bails and accused is PO. In actual, fir was registered on 3rd Complaint and in previous 2 complaints, no mention of sexual offence has been mentioned. Can a PO be granted bail under 439, any judgement supporting?

[Dr. Ashok Dhamija]

Grant of bail is a discretion to be exercised by the court in the peculiar facts and circumstances of the case. There is no prohibition in law for grant of bail to a proclaimed offender. Therefore, under law, it is permissible to grant bail to a proclaimed offender also. However, as I mentioned above, it is the discretion of the court to be exercised by the court in the peculiar facts and circumstances of the case.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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