bail for 498a,494&dowry section?
Querist :
Anonymous
(Querist) 24 January 2010
This query is : Resolved
what are the circumstances can a court see for grant of bail under sections 498a,494 &dowry secction of ipc for a husband?
A V Vishal
(Expert) 24 January 2010
One has to file application in court for seeking bail in the crime. Bail in bailable offence is a right . In cases arising out of non bailable offence, court has got discretion either to grant or refuse bail. Refer provisions of section 436 to 439 of Cr.P.C.
B K Raghavendra Rao
(Expert) 24 January 2010
Grounds are that: a) you have not committed the offence, b) you are implicated falsely in the case c) you are a resident of the town with avocation d) you shall attend the court hearings regularly and d) you are prepared to offer sureties as required by the court. The court would normally grant bail for the accused charged under sections mentioned by you.
Raj Kumar Makkad
(Expert) 24 January 2010
In addition to the opinion of Rao I am of the view that court has to take various factors in consideration while deciding any bail application like public interest involved, previous offender, recovery of dowry articles, state of investigation, arrest of co-accused, whether bail has been granted to co-accused and especially main/stock accused, allegations of FIR, related factors etc.
Bail in the given sections is not a right of the accused rather it is a discretionary power of the court though this power is expected to be used judiciously.
Srinath Kondapally
(Expert) 24 January 2010
Granting the bail is a descrition of the court in non-bailable cases, any have primarily court will see whethere there is a prima facie with regard to such allegations or not, it depends upon the contents of complaint and respective circumstances.
Sachin Bhatia
(Expert) 24 January 2010
It is the discretionary power of the court to grant bail in non bailable cases. Court is not bound to grant bail on any specific ground.
Guest
(Expert) 30 January 2010
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