chaithra
(Querist) 19 October 2012
This query is : Resolved
Hi..
I have registered case under 376 and 506.. on the false promise of marriage.. Local court has rejected his bail and HC allowed anticipatory bail for him... don't know on which base he got anticipatory bail..
Now my question they produce a complaint copy which not registered(FIR) in any police station.. but only they have that copy and told they gave complaint against me before us that i used to threaten the guy.. because the guy is 4 year younger to me... is age factory is reason to grant bail..?
When we registered complaint, from that time he left office without any intimation and now he got terminated for absconding.
Now how i can plea to cancel his anticipatory bail.. i have chat history that he used to chat with one of his close friend about girls.. how they flirt with the girls and all.. can i use these to cancel hie anticipatory bail...
Devajyoti Barman
(Expert) 19 October 2012
Bail once granted can hardly be cancelled and only ground for its cancellation which is sparingly used is violation of the conditions of the anticipatory bail like making threats to witnesses or tampering with evidence. If it has happened with you then file petition for cancellation of bail.
chaithra
(Querist) 19 October 2012
Thanks you sir...
May is age factor will be weak point in my case...
Devajyoti Barman
(Expert) 19 October 2012
No, I do not think it is of any consideration.
chaithra
(Querist) 20 October 2012
One more doubt question sir....
if i want to retrieve SMS of one and half year back to prove his proposal for me... is that possible retrieve that long back sms from service provider on court order...?
MohammedRaffiq Bijapur
(Expert) 20 October 2012
only after having exhausted the all possible sources u can ask the court for such order.
Guest
(Expert) 20 October 2012
Depends solely upon the preservation period of data of the service provider company. If you have not deleted the message or the service provider company is still having the SMS text in its database, you can retrieve.
chaithra
(Querist) 20 October 2012
Thannks to all.... Can i challenge the anticipatory bail granted by hc....and may i know what is chcharge sheet...
Devajyoti Barman
(Expert) 21 October 2012
Yes you can apply for cancellation of bail either in the sessions court or in the high court.
Arun Kumar Bhagat
(Expert) 13 November 2012
"....nd HC allowed anticipatory bail for him... don't know on which base he got anticipatory bail..
To get the anticipatory bail cancelled right forum would be High Court onlywhich allowed him AB bail.
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