Legal remedy if framed in false charges under S. 323, S.341,S.143, S.147,S.504, S.506 of Indian Penal Code by police machinery in a love affair matter

The accused should surrender to police as in the above sections, all the offences are bailable thus as per legal procedure, the accused cannot apply for anticipatory bail as the above mentioned charges framed against the accused, are not containing at least one non bailable offence against the accused, all the charges are bailable offences.

Offences under the Criminal Law are classified into bailable and non-bailable offence. Section 2(a) of the Code of Criminal Procedure, 1973, provides that “bailable offence” refers to offences which are shown as bailable in the First Schedule or which is made bailable by any other Law and non-bailable offence means any other offence not specified in the First Schedule. A general reading of the bailable offences in the Schedule indicates that by and large not so serious offences are considered as bailable and other offences are considered as non-bailable.

According to the First Schedule offences under any Law other than the Indian Penal Code which are punishable with imprisonment for 3 years or more have been considered as “non-bailable” and offences which are punishable with less than 3 years have been considered as “bailable” offences. However, this rule is subject to any rule made to the contrary.

When the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such, it shall release the accused on Bail- Section 437(7) of CrPC.

Thus as per above point no. V. an accused can easily get bail from court of law if is not guilty, has no criminal antecedent.

The Supreme Court has ruled that a person accused of a bailable offence is automatically entitled to be released on bail after furnishing the required surety or bond and such a right does not depend on the discretion of the court or the police officer."As soon as it appears that the accused person is prepared to give bail, the police officer or the court before whom he offers to give bail, is bound to release him on such terms as to bail, as may appear to the officer or the court to be reasonable," a bench of Justices RV Raveendran and JM Panchal observed.

For obtaining regular bail, the accused should be in police custody.