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My younger brother has been falsely accused of rape under IPC Sections 376, 504, and 506. The woman (30+) was previously married three times and has not divorced her current husband (a court marriage). She has links to a known criminal. My brother (20) lived with her in Mumbai, but later left and married someone else. She then filed a rape case, showing a photo with sindoor and a tattoo of his name. Her statements to police and magistrate were inconsistent. She is demanding ₹15+ lakhs from us. (1) Can we get bail? (2) Can we apply to quash the FIR?
Yes, your brother can apply for anticipatory bail and later regular bail. If there are false statements and blackmail threats, you can approach the High Court to quash the FIR under Section 528 BNSS. Gather all proofs like photos, tattoos, and witness statements. A good criminal lawyer is essential in such cases. For further legal assistance contact us on our helpline number.