Can i get bail?

Querist : Anonymous (Querist) 26 June 2017 This query is : Resolved
A FIR was lodged against me in 2009 u/s 420 regarding a fraud of rs 7500. A case was registered in December 2009, Police investigated and recorded statement of witness w/s161 crpc. But I was unaware of the fact. Charge sheet filed against me in August 2010 declaring me as absconding. Accord to Chargesheet it reveals that raid was conducted to arrest me but no good I was absconding and avoiding arrest. But neither police raided or I was absconding. I was not informed about the case. But I am living daily life as lead. I worked for Contractual Employee of state government from 2010 to 2014 without any trouble. I was engaged in Election Duty by Election Commission of India three times and now I am working in school. so How Can I be absconding. now 2016 I came to know that a NBW issued against me by ACJM. In charge sheet I.O seek wp/A as he declared me absconding. I/O mentioned that closed the diary and investigation completed. Now my question that in this circumstances Can I get regular bail or AB?

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Anand Bali Adv. (Expert) 26 June 2017
You well can get Anticipatory Bail citing above facts of ignorance and working on definite positions under government contract time to time with a permanent home address. The negligence of the police will have to be proved with biasness showing you absconding where as you were always present at your working place and residence.
Secondly You are advised to first surrender yourself in the court and then and there apply for a regular bail application which will be granted if the circumstances and other motives of the police be defined and narrated properly in the court by your Advocate. Best of Luck.

Querist : Anonymous (Querist) 26 June 2017
My question is as NBW issued against me, I have all relative documents to show that I was always present at my working place and residence, Magistrate can change the section ? How to defined the motive of the police ? please suggest me

Guest (Expert) 27 June 2017
Simply go for recalling the warrant of arrest by appearing in court.

Rajendra K Goyal (Expert) 27 June 2017
No reply to query from an author who is anonymous.

Querist : Anonymous (Querist) 27 June 2017
Can magistrate change section mentioned at charge heet. If pp does not any objection for granting me grant?

H. S. Thukral (Expert) 28 June 2017
Please appear in the court as chargesheet has been filed. You have good case on merit to seek bail. On your appearance charges shall be framed against you and on the basis of evidence and other material, it is within the power of Magistrate to add or delete any charge.You will get opportunity to argue on charges.

Querist : Anonymous (Querist) 28 June 2017
I already paid money as it was govt money . may I be but into police or judicial custody. My fear is if it happen as I am teacher in govt aided school I may be suspended or terminated. So can I apply for an in session court.

Advocate Kappil Cchandna (Expert) 28 June 2017
Sir,

I believe you have a good case for the bail, but it is suggested to kindly share the copy of the FIR ....

Warm Regards
Kapil Chandna Advocate
9899011450,9911218741
https://kapilchandnaadvocate.wordpress.com/

Querist : Anonymous (Querist) 28 June 2017
OK I will share. Pls consider it I sensitive. You can add me in WhatsApp. 9088129003. As I can send. As I am right in bus. I will send it at night. Thanks

Sudhir Kumar, Advocate (Expert) 30 June 2017
You have not stated the facts clearly as to why/how was the case.

Anyway if not granted bail and gone to custody for 48 hours you are deemed suspended.

This NBW is not out of air. You do not seem to be that much unaware as you pretend to be. You were definitely aware of court dates and presumed that you have refunded defrauded money so there is no case against you without realising that such refund is clear evidence against you.

Whether justified or not the NBW is there and expect no bail till it is recalled by court which will never happen without your appearance.

If you do not appear one day you will be apprehended with nearly no hope of bail.

Querist : Anonymous (Querist) 30 June 2017
In a unwanted incident about rs 7500 was fraude 2008. After I was put off duty. I paid the money back 2008. But a fir lodge in 2009. Police charger 2010 showing me absconder. I do not know any proceeding. Now NBW issued. I never have summon or notice for hearing. If I would get i might surrender. But as I came know now what to do?

Sudhir Kumar, Advocate (Expert) 01 July 2017
what was the incident?
what it was unwanted?
how you were connected?
who committed fraud?
you were put off duty from where?
whom you paid back money?
how your paid back?
why you paid back?
why it should be believed that there is FIR against you and you never knew of the same?
why it should be believed that you were not on bail and yet not in custody?
why it should be believed that you were aware of c/s in 2010 but were not aware of the case?
why it should be believed hat you were not aware of the next date of case when you attended last and you never wanted to know next date?
whether present employer while employing you was aware of this FIR?
how you managed police clearance for joining this job?

Sudhir Kumar, Advocate (Expert) 01 July 2017
Anyway, expect nothing on earth called bail without cancellation of this NBW by appearing on next date without guarantee of being on bail and with risk of going to Jail.

Querist : Anonymous (Querist) 01 July 2017
Thanks how do I know next date?

Guest (Expert) 01 July 2017
Just Follow the Advise of Expert Mr.H.S.Thukrai

Guest (Expert) 01 July 2017
Check with Concerned Court for dates Or your Advocate would help you

Can i get bail?

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