Can the court grant bail in grievous hurt when the victim died after FIR was lodged. There was a dispute between me and the victim about parking of vehicles. In the meantime the victim assaulted me with fists. In private defence I also attacked him with hands and fists. After the intervention of bystanders the dispute was resolved and I returned to my home. Later on I came to know that he (victim) has lodged a FIR against me under section 325, 504, 506 IPC. After seven days of the incident the victim dies due to internal injuries. Now the investigating officer added section 302 in the FIR. In this condition, can I get bail?
Asked from: Uttar Pradesh
You can get bail even after addition of section 302 IPC. The investigating officer has added Section 302 IPC (offence of murder) when the victim died. It was the responsibility of the investigating officer to add the relevant sections and carry on the investigation. There is nothing illegal about adding Section 302.
Regarding bail, the FIR was initially lodged for the offences of grievous hurt and criminal intimidation. The alleged fight started over a very petty issue. Neither side used any dangerous weapons. Furthermore, you had no criminal intention to cause the death of the victim.
The death was caused by internal injuries, which were neither intended nor known to you. You should obtain the post-mortem report to analyse the cause of death. If the death occurred due to septicemic shock or the aggravation of any disease, you can easily get bail.
The facts of your case suggest that the fight started without premeditation. You had no intention to cause death, and when you assaulted him with your hands and fists, there was no intention or knowledge that such a normal fight could cause death. The court often grants bail in cases of grievous hurt.
You cannot move for anticipatory bail under Section 438 CrPC because in Uttar Pradesh, anticipatory bail is not applicable in offences where the death sentence can be awarded. You have to surrender (judicial custody) before the court and file for regular bail under Section 437 CrPC.
The FIR was registered under Sections 325, 504, and 506 IPC. During the investigation, the charge of murder was added. Therefore, while bail may be granted by the court for grievous hurt, the victim died after the FIR was filed.
In the prevailing situation, it is not advisable to move to the district court for bail. You should approach the High Court under Article 226 of the Constitution of India to seek a stay of arrest during the investigation.
Your case is fit for protection against any kind of coercive action by the police. Since you are not yet arrested, you can approach the High Court. In the absence of criminal intention and knowledge to cause death, the court may extend protection against arrest until the submission of the police report.
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