1. You should have filed a suit for mandatory injunction to demolish the wall, and not done it yourself. Be that as it may, the folks on your side have to emphasize on bail alone at this stage. Since it has been denied thrice it is unlikely that it will be granted now unless there is a change in circumstances. Obtaining bail in a prosecution u/s 307 is always an uphill task.

2. If you have not moved the High Court for bail then you may do so as in such cases the bail is ordinarily refused by the courts subordinate to the HC. Everything hinges on the FIR and the material collected and presented in support of the allegations.

Well, I am not sure why people from your side have not got bail.

This is a classic instance of cross case wherein the court takes both the cases with equal importance.

It appears your bail petition is not handled by a competent person.

If the bail is rejected from lower court then apply for the same in high court.

You can also file writ petition in high court against police inaction with regard to your FIR.

wait till the filing of charge sheet and after that again move an application for bail before session court U/s 439 of Cr.P.C. with the high court and supreme court Judgments in which the bail was granted to accused after filing charge sheet.

Feel free to Call

What is the reason for rejection of bail ?

2) if you are aggrieved by said order you can appeal against order rejecting bail to sessions court

It is difficult to answer the question without reading the FIR minutely. Injuries, though grave, do not suggest an attempt to murder. What weapon was used to hurt the complainant matters. The order admitting the accused on bail shall depend upon various facts. Notwithstanding the above said, the first attempt should be to get the accused bailed out. You have not mentioned whether you have approached High Court for the same or not.If no then approach the HC through a competent criminal lawyer.

You have not mentioned whether the Police registered a counter complaint from your side. If Police have not taken any action file a complaint before the Magistrate as per provisions of crpc.

1. Breaking the wall by yourself is taking law in your hand. if possible show it as your resistance when they were illegally constructing a wall to block your thoroughfare.

2. Your injured people also should have filed police complaint with medical report of injury asking the police to bring the culprits to books.

3. However, challenge the order rejecting the bail petition by the lower court before the higher Court after some time.

4. If you fail to get bail from the High court, approach the Supreme Court for seeking the bail of those people.

Factors that could support your request to be release on your own recognizance include:

Having close family members living in the community;

Being raised in or living in the community for a number of years;

Having a job in the community;

Having no criminal history, or a criminal history that only includes small crimes and misdemeanors; and

Having a good track record of showing up to court when required in the past.

This apart, you may try to obtain bail from the sessions court or the high court on the same grounds due to which the bail was dismissed for three times by the trial court.

Krishna Iyer J., remarked that the subject of bail:-

“ ….. belongs to the blurred area of criminal justice system and largely hinges on the hunch of the bench, otherwise called judicial discretion. The Code is cryptic on this topic and the Court prefers to be tacit, be the order custodial or not. And yet, the issue is one of liberty, justice, public safety and burden of public treasury all of which insist that a developed jurisprudence of bail is integral to a socially sensitised judicial process.”

The right to bail is concommittant of the accusatorial system which favours a bail system that ordinarily enables a person to stay out of jail until a trial has found him/her guilty. In India, bail or release on personal recognizance is available as a right in bailable offences not punishable with death or life imprisonment and only to women and children in non-bailable offences punishable with death or life imprisonment.