Bail in up
Rahul Mendiratta
(Querist) 27 March 2013
This query is : Resolved
Dear experts,
I have a false 498a and 3/4 DP slapped on me and my family.
Mediation is failed and matter has gone back to IO. Chargesheet is not yet submitted.
I am confused over should I ask my lawyer to apply for regular bail in lower court now or should I go to HC requesting for same day hearing and bail.
My lawyer says that I should wait till chargesheet is submitted. Till then no arrest is possible in UP.
Please suggest.
Devajyoti Barman
(Expert) 27 March 2013
Until and unless bail is granted the Police is free to arrest the accused person at any point of time.
After submission of charge sheet prospect of getting regular bail is always high.
In the meantime you can go for quashing and apply for stay on arrest.
adv. rajeev ( rajoo )
(Expert) 27 March 2013
You can approach the high court for quashing FIR against you or you can apply for the regular bail
Ankit Jain
(Expert) 27 March 2013
you can approach to the High Court for quashing the FIR. You can get Arrest stay from HC till the date of filing Charge Sheet. You Should follow the advice of your Lawyer.
Sankaranarayanan
(Expert) 27 March 2013
all the experts are given opt advise , follow accordingly
Raj Kumar Makkad
(Expert) 28 March 2013
The opinion of your lawyer is accurate on the point that the anticipatory bail provision do not exist in UP so either you for quashing of FIR there and get anticipatory bail therefrom or wait for regular bail at the time of filing of charge-sheet by police before relevant court.
Rahul Mendiratta
(Querist) 28 March 2013
Dear experts,
I thank all of you for your adept advice.
All you geniuses seem to be practicing outside UP.
Please suggest some expert from Uttar Pradesh.
Thanks
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 March 2013
In UP there is no provision of anticipatory bail, it is now under process to be added.
However there is one SC citation directing the SESSIONS COURTS to give bail, pl ask your advocate to search it so that you can apply directly to sessions court.
Otherwise in normal course you have to apply in lower court which may or may not grant bail on same day.
Advocate M.Bhadra
(Expert) 28 March 2013
There is no provision of Anticipatory bail in U.P. After lodging of the F.I.R., the accused has a right to move to High Court by preferring a Petition under Section 482 Cr.P.C. for quashing of F.I.R. and if the petitioner has Prima Facie make his case, the High Court stay the arrest till filling of Charge Sheet or next listing, which ever is earlier.
In such circumstances, the issuance of warrant of arrest does not arise because the Police get authority to arrest immediately of lodging of F.I.R.
The Sessions Court or the High Court do not consider the applicartion for Interim Bail. However, in case the accused files any petition before High Court u/sec482 Cr.P.C., the High Court may pass order for Interim Bail, but it is so in rare of the rarest cases.
In view of above the accused may apply regular bail but has no merit to get bail on surrender and may possibility of custody
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 March 2013
This is the extract of recent case law from SUPREME COURT related to UP which has also given the various case laws of the apex court related to UP
The prayer for quashing the proceedings is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier,
R.K Nanda
(Expert) 28 March 2013
no more to add.
