Legal Question in Criminal Law in India
In short-a genuine 498A and a bigamy case along with several torutres etc..
My husband has got a regular bail.
My In laws have got AB,the girl involved in the bigamy has got the AB too.
Now they are now telling that as they have got AB nothing can be done now..they have adjusted things everywhere...Now they are also threatening to withdraw the complaint else etc..etc..
In their AB they have given all wrong addresses i mean each one is living with different person and stated a wrong address.
In detail:My mother-in-law is living with her boyfriend,my f-in-law wits oem other girl,my husband living with other girl...,the girl's parents living with someone elsehowever in the bail they have mentioned as if mom and dad living together and my husband with their mom and that girl with their parents.
Now inorder to cancell their bail?and also a protection for the threatenings?
Do i have to appear to high court or police needs to investigate pls let me know the correct procedure..What will the police do?will they warn him and send him back?arrest him?
4 Answers from Attorneys
you may file an application for cancellation of bail in the same court that granted them the bail. no accused, who is on bail, shall threaten the complainant or the witnesses and this is a serious offence and the bail can be cancelled on this ground alone. once you move an application for cancellation of bail thorugh your lawyer, they would be asked to reply your application and then after hearing the arguments, the court may cancel the bail.
Incorrect address in itself is not sufficient to cancel bail.
However, threats to complainant and/or witness is sufficient ground to cancel bail.
You or police need to apply for cancellation to the Court which granted bail.
You may bring evidence showing that they had filed fresh affidavits. You do not need to attend the court or the police but may send information to the police by post.
I think she is telling lie. Everyone in her in-laws family has extra-marital affair?
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