Legal Question in Family Law in India

Bail rejected under section 498 A .

I am from Mumbai and my wife is from U.P . She filed a

FIR U/S 498 A against me & my family at Allahabad for dowry tortures . I filed an anticipatory bail petition at Allahabad high court , which was

rejected ( but other family members get bail ). What shall I do now ? May I able to file for bail again in the

same court or in Mumbai high court or in Supreme court or

I have to surrender and apply for regular bail ?


Asked on 11/25/07, 9:50 pm

8 Answers from Attorneys

Amit Shukla AS and Associates Legal Services

Re: Bail rejected under section 498 A .

Anticipatory bail is not allow in U.P..You can go to SC or have to surrender and apply for regular bail.For more advice contact personally.

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Answered on 12/01/07, 9:04 am
Nandita Haldipur Haldipur Associates

Re: Bail rejected under section 498 A .

you have the choice of either surrendering and applyingfor regular bail or challenger teh H.c order in supereme court

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Answered on 11/30/07, 9:35 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Bail rejected under section 498 A .

There are several factos for taking a decision on bail, e.g. (a) duration of marriage; (b) financial status of the parties; (c) maintenance, if any, being claimed by or paid to the wife by the husband, etc. etc. A thoughtful decision on the matter should be taken after considering all relevant factors. You are welcome to supply me full details to enable me to provide you an informed opinion.

In the given facts and circumstances, I would advise you to surrender and apply for regular bail. However, you must enusre return of all 'istridhan' and establish your bona fides.

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Answered on 11/25/07, 10:02 pm

Re: Bail rejected under section 498 A .

You have both option to either suuender in court and apply for regular bail and also to challenge the HC order in Supreme Court.HC order and other related documents are required to be examined

It is advised to move Supreme court by way of SLP.In case of need contact with details.Professional charges are applicable.

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Answered on 11/25/07, 10:57 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Bail rejected under section 498 A .

I would suggest you to first ensure the return of all 'stridhan' obtained at the time of marriage and then surrender and apply for a regular bail.

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Answered on 11/26/07, 12:59 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Bail rejected under section 498 A .

bail can be applied for any number of times on different grounds.

You have two options to reapply or surrender and apply for regular bail.

pl check grounds or reasons for rejection of your previous bail and feel free to contact me.

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Answered on 11/26/07, 7:39 am
AKHILESH S DUBEY AKHILESH DUBEY

Re: Bail rejected under section 498 A .

Section 438(Anticipatory Bail) is omitted in state of Uttar Pradesh

Vide U.P. Act -16 of 1976, Sec. 9 (w.e.f. 28-1 1-1976)].Therefore better option would be to apply to Supreme Court before surrendering. Also, I would advise to take advice from competent legal practioner before taking any steps.

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Answered on 11/26/07, 9:59 am
G. M. Gupta gmguptaandassociates

Re: Bail rejected under section 498 A .

you ask the local lawyers if they can arrenge transit bail despite of the fact that the bail has been rejected in allahabad.

then u can try in supreme court too but be cautious as losing there will harm ur case.

you always have option to surrender and take bail.

one option is to try to compromise the matter and spend some more time and then try to get bail.

for other options you have to send papers and take consultations

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Answered on 11/26/07, 12:05 pm


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