498A/406 Bail

Guest (Querist) 05 March 2011 This query is : Resolved
My wife filed 498A/406 case on me and my family. I took regular bail and at that time they objected it by giving fake reasons that my parents tried throwing acid on them at their home a day befor by bail application but I was granted bail by sessions court.

Now after that they gave statements in police station that we have not returned the streedhan but the jewellery list that she gave in police station is fake I dont have those items. The police did not come to recover anything and filed the chargesheet.

My parents being charged in the case had not taken bail but stay of arrest upto chargesheet. Now will need to secure bail at the time of first appearence as we have received summons to appear.

I fear that when we apply for bail for my parents they would object citing that we havent returned streedhan but thats not there with us.

I need Advise that in such cases what is the basis the bail plea is decided. I being the husband is on regular bail.

The streedhan charges must be proved this is wrong plea that they may take to object bails.

Please advise what precautions can we take to avoid rejection.

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Tajobsindia (Expert) 05 March 2011
1.The first submission from your side (your Ld. Advocate) appearing before concerned Court on that day shall say is “since issue of bail to my parents has to be decided, reference to the FIR becomes necessary”.

2. Next submission shall be that "no List of Stridhan has been given to us till date nor the same is mentioned as per Rules in the said FIR".

3.The next submission from your side shall say “both complainant and accused along with arrayed proposed accused would be presumed to be aware of not only their matrimonial obligations but even the matrimonial laws.” Hence maintaining list of Stridhan as per Rule 2 of Dowry Prohibition (Maintenance of List of presents to the Bride and Bridegroom) Rules, 1985 which was not given to us till date and at this stage opposing bail plea of senior citizens is not justified".

4. Next submission shall be that in the instant case, before the in-laws of the complainant can be called upon to account for the gifts given by the parents of the girl, the parents of the girl would have to establish their means and their capacity to gift items worth Rs. XXXXX which they are alleging for the first time before this Court to their daughter and her in-laws.

5. The last submission from your side shall say that it is common knowledge as per various judicial authorities which are replete with a caution by the Courts that the unfortunate tendency to rope in all family members of the in-laws is a growing trend which has two side effects. Firstly, innocent persons suffer the trauma of a criminal prosecution and secondly, even the accused get acquitted for the reason, false implication of innocent persons is followed by presentation of fabricated evidence before the Court. So inextricably interwoven is truth with lies that truth cannot be segregated from lies resulting in benefit of doubt being given even to the accused persons.

6. After all above paras now quote following authorities (your ld. Advocate must be having these authorities) which will assist in securing Bail for your parents;

- 2006 (6) SCC 736 Indian Oil Corporation Vs. NEPC India Ltd. read out para 13

- (2005) 6 SCC 281 Sushil Kumar Sharma Vs. Union of India read out para 19

- Decision dated 23.2.2007 in Crl.M.C. No.7262/2006 Neera Singh Vs. State & Ors. (Delhi High Court) read out para 4 and 5

Devajyoti Barman (Expert) 06 March 2011
When you the principal accused person has got he bail and the Charge Sheet has also been submitted then your parents should not face any difficulty to get the bail. Simply apply for it at the time of appearance. The return of stridhan article has nothing to do with bail.At least in Bengal this situation would not have 1%chance of getting the bailm rejected

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