Querist :
Anonymous
(Querist) 26 September 2011
This query is : Resolved
I am facing DP 3/4 and 498a. My anticipatory bail hearing was going on for last 3.5 month.
During anticipatory bail hearing police did all investigations and except wife's parents and 2 uncles statements every ting was in my favor.
Eirlier wife had filed cruelty case in Mahila P.S. some time back. Which was made false by P.S inchage after investigations.
wife had said, FIL has given 5 lacks through checks (I had not taken any checks). police found that thoses are never encashed
My wife had illicit relation with a college mate. police found that she was sending her 100s SMSs every day and hours long calls every day.
She has confessed about her illicit relations in front of police during the first case(cruelty) investigation. And its all ther in police diary.
THe midiator for the marriage has given statement in our favour that we never asked dowry.
I have given a CD of phone call recordings to police in which here parents are telling her to stop her illicit relation.
There are many more evidiences in favor of us.
Session Judge tried for reconcilliation but that also failed as she was not interested.(Session judge judgement says that)
Even after call this, Session judge has rejected my bail.Please help what to do.
Raj Kumar Makkad
(Expert) 26 September 2011
if your bail has been rejected then either you file same petitionn before High Court or may obtain regular bail. You may also go under section 482 Cr. PC seeking queshing of FIR.
Sankaranarayanan
(Expert) 26 September 2011
yes my expert friend Mr Rajkumar's advise is help to you for further proceedings
Shastri J.K.
(Expert) 26 September 2011
I agree with mr.raj kumar makkad.
ajay sethi
(Expert) 26 September 2011
what were the grounds for rejecting your application for anticpatory bail by sessions court?
you can move high court for quashing FIR as advised by mr makkad
Shonee Kapoor
(Expert) 26 September 2011
There is no other option but to move to High Court for Anticipatory Bail.
Though I am not in agreement with Mr. Makkad, because quashing happens on very few legal grounds and the evidences you have has nothing to do with it.
Which State/ HC the case is in. Delhi High Court favors that all evidences you give has to become the part of your chargesheet, which would be evaluated. However, certain other High Courts doesnot even favor the same.
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