Bail

Guest (Querist) 07 August 2010 This query is : Resolved
My parents took a arresting stay in a 498A case filed by my wife and I am on a regular bail.The arrest stay is valid upto September and the chargesheet has not yet been filed.

what should be our time of applying for a regular bail as the arrest stay from Allahabad court is subject to mediation centre clause and would expire in september.

The bail need to be applied in the lower court and if its rejected than can be applied with district magistrate. At the time on the day of my arrest when my bail was applied with lower court it was rejected as the lawyer had told me in advance the lower court do not grant bail in these sections 406, 3/4 dowry prohibition act and 498A and its likely to be rejected than later I got bail from DM.

I have a question will my parents also not get bail from the lower court and will it be rejected or this happens with the main accused only.

Please help with answers the case is subject to UP Jurisdiction.

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Raj Kumar Makkad (Expert) 07 August 2010
There is neither straight jacket answer against your question nor can it be because bail is a discretionary power of the court though it should be judicious. It depends upon the facts of FIR whether the bail is required to be granted immediately on its application or the accused should be sent to jail. However, a lenient view is taken against all other accused persons if the husband has been arrested and has been granted bail as in your case. I hope your parents shall be granted bail by lower court but you should not wait for September and should apply this during these days so that it rejected, your parents may approach to district court for their bail before the expiry of the period of September.

Guest (Querist) 07 August 2010
but when u apply for bail the arrest stay becomes invalid and if rejected u have to go to jail even if you have a areesting stay form the high court this has been communicated by all the lawyers we consulted

PJANARDHANA REDDY (Expert) 07 August 2010
GETTING BAIL IN 498A AND MATRIMONIAL DISPUTES
ARE NOT SUCH DIFFICULT- TRY WITH GOOD ADVOCATE IN DM OR HC.

PARENTS ARE OLD/HEALTH ,STATUS CAN LEADS TO BAIL WITH SOME CONDITIONAL COOPERATION WITH I.O UNTIL C.S.
ALL THE BEST...U CAN TRY STAY EXTENSION TOO...