Legal Question in Criminal Law in India

regular bail 498A

My son B E,MBA (working) married2002may to agirl M B A (nonworking) having agirl child 3yrs after being beaten by in laws for which a sanaha was registered in local PS filed divorce suit indelhi on 25/7/05 on the ground of cruelity and dessrtion by his wife

. .

His wife complained in the woman�s cell delhi alleging demand of dowry,physical torture ,retention of streedhan on 11/8/05 which was converted into 498A/406 in march 06 against all of us . My wife.daughter,younger son have been granted anticipatorybail but my son and I were instructed by high court to surrender in trial court for regular bail The court has sent the couple to mediation center twice which has reported the willingness of the couple to reunite , and obtained their and their lawyer�s signature but in the court girl�s father raised objection complaining demand of dowry on the basis of two fabricated letters allegedly written by me for rs 3lacs and acar and one lakh as marriage expenses , were sent to CFL after taking my handwriting and were reported INCONCLUSIVE. As a matter of fact no dowry was demanded or accepted on paper No car and money accepted

PL GUIDE US GET REGULAR BAIL.?


Asked on 7/01/07, 10:45 am

8 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: regular bail 498A

i am sorry but laws are harsh in these circumstances. its a very serious matter and i would suggest that dont rely on the advices here as we give general advices without meeting the person and without going through the documents which are very important for giving correct advice.

you will not get regular bail till u will surrender and superior court, if has rejected once, will not give you anticipatory bail. so there are two things u can do. first is that surrender and seek bail. second is that stay as u are and try to get the matter compromised. believe me its possible but u need to try hard.

a good lawyer can get the things solved.

For further and detailed advice contact personally. Consultation charges will apply.

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Answered on 7/01/07, 12:34 pm
Alok Sharma Alok Sharma & Associates

Re: regular bail 498A

You said you were directed by High Court to surrender before trial court for regular bail. What happened to that?. You did not mention. You should have got regular bail by now. Under what circumastance the court directed you to surrender?. Normally it should not have happened. It will require reading of all the papers.

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Answered on 7/01/07, 1:02 pm

Re: regular bail 498A

Though new development is a fresh good ground for seeking anticipatory bail or regular bail but since there is direction of High Court,hence, the relevant papares are required to be examinned to give proper advise on subject matter.You have also good ground to proceed against the girl and his parents.Now a days 98% cases u/s.498-A/406 IPC are false.You must have to proceed by planed strategy in order to achieve your goal and to come out from present crises.For any other query/assistance you may contact me.

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Answered on 7/01/07, 1:08 pm
rajeshwar sharma rajeshwarnathsharma

Re: regular bail 498A

For regular bail, you have to surrender in the concerned court and at that time you may move bail application for the order of grant of bail. If you donot want to surrender in the court than in that case you may challenge the order of the High Court in Superme Court of India.

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Answered on 7/01/07, 1:42 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: regular bail 498A

The basic principles of bail is whether the accused has roots in the society and would be available for trial and would not tamper or hamper with evidence of prosecution. If court is satisfied about these three broad things, bail is normally granted.

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Answered on 7/02/07, 2:21 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: regular bail 498A

YOU MAY SURRENDER BEFORE THE CONCERNED COURT ALONGWITH YOUR APPLICATION FOR GRANT OF BAIL AND I SEE NO REASON WHY THE COURT WOULD REFUSE TO ACCEPT YOUR BAIL. THIS CASE PERTAINS TO WHICH POLICE STATION, DO LET ME KNOW. I ADVICE YOU TO SEND THE HIGH COURT ORDER THROUGH MAIL IMMEDIATELY TO AVOID ANY INCONVENIENCE.

REGARDS

RAJIV GUPTA, ADVOCATE

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Answered on 7/02/07, 3:08 am

Re: regular bail 498A

in view of report of expert, you will get bail. even you can apply for discharge after the chargesheet is filed by police,discharge from the said case will be on the basis of the said expert's report.

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Answered on 7/03/07, 7:52 am

Re: regular bail 498A

you can surrender & applied for regular bail stating all this.consult&engage a lawyer,show him all relevant document.

However you are suggested to file a case against father of girl.

show all papers to your lawyer.

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Answered on 7/02/07, 11:14 am


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