Same old story....me as many others victim of 498a 406 3/4
Aatif Khan
(Querist) 28 December 2011
This query is : Resolved
Dear All
i have read enough about the dowry act misuse and the poor husbands lodged in jails for no reasons. Until today(as i am typing this)when i am back after spending 19 days in TJ(Tihar Jail). In Short Story is that i did a love marriage(Nikah)at Nizamuddin Dargah in delhi July 2009.It was a simple love marriage with no dowry taken-not even a single paisa.After that some stories happened and my wife left me and filed a case against me in Delhi under 498A 406 & 3/4. I acted as a stupid and myself went to the I.O as he called me to give a statement. From There he sent me to jail from where i got interim bail and court forwarded the matter to mediation center.I also have a gut feeling that my lawyer has join hands with my wife. I belongs to Bareilly UP. Now my humble requests to the Experts is to answer my few points. I will be really obliged
1-My lawer says that the bail provided to me is till 16th of January 2011.Is it ture that court gives AB till a specific date?
2-After my release my inlaws called me at their home for out of court settlement and there they beated me and snatched my 50k which i carried as a token money. My lawyer sayin not to report this to police about this incident else my wife can ask the court to reject my Ab on the grounds that i am trying to make false allegation on her family.
3-What are the chances of getting regular bail?
Waiting for an earnest reply
Aatif Khan
(Querist) 28 December 2011
Dear Experts
request to revert
Nadeem Qureshi
(Expert) 28 December 2011
Dear Asif Sahab
1. It can be possible that the court pass an order for AB for a specific period.
2. If you have any call detailed in this regards then you can filed a Complaint in this regards, no need to worry about you AB.
3.the allegations are only demanding dowery or taking dowery, if the allegations are only for demand then the case is bailable & you can get the bail in 3/4 D.P.Act, 406 is not applicable in this case. 498A is non-bailable offence, but dont worry about it too, you get the bail defenatily
feel free to call
Devajyoti Barman
(Expert) 28 December 2011
1. Yes it is for specific time but once AI bail is given it is not likely to be rejected.
2.You have a done a wrong thing by not reporting to the Police.
If you wish to fight against this legal atrocity then further course of action could be suggested.
Else you are free to succumb to their pressure and give them mas as much as they demand.
Devajyoti Barman
(Expert) 28 December 2011
3.The chances are always there as rejection of bail is an exception and confirming it a rule.
Deepak Nair
(Expert) 28 December 2011
Dear Atif,
1. It is true that interim bail is for a specific period only.
2. You should have reported the incedent to the police. If they had called you to their home through phone, you can prove the same by producing call records. If you were beaten/manhandled by your in-laws, then you can produce a medical report obtained from a recognised medical officer showing the external as well as internal marks of injuries. If you had reported this to the police, you could have used it as a defence in the case filed against you.
3. There are bright chances of getting bail.
If you don't trust your lawyer, then it is advisable to change the lawyer.
prabhakar singh
(Expert) 28 December 2011
yes! experts have rightly advised in your case.
Aatif Khan
(Querist) 28 December 2011
Dear Nadeem Sahab, Devajyoti jee & Deepak Jee
Thanks for the prompt reply. I have already sent a copy of the complaint and medical done in govt hospital to DIG IG and DGP by registered post yesterday. Also the news has been printed in Hindustan Times news paper today.The issue is that one of my father inlaw(Tahiya Sasur) himself is a head constable in SP office and police refused to lodged my complaint.
I am planning to lodge the complaint through Court once the holidays get over as i don't see police taking action against their staff.
when i surrendered police custody was given as my beloved wife gave a huge list of articles showed as stree dhan which was actually never given as my marriage was a love marriage. Hence nothing was recovered in that PC. Now when the case has been orwarded to mediation center....My question is that if she asks for a huge amount for settlement(which i am sure she will ask as i know her intent ) and obviously i would not be able to give that ransom then what will happen as i am damn sure that again she will shout and cry infront of the Hon'ble Judge to send me back behind the bars which she has usually done on all my bail hearing because of which where my bail would have been done in approx a week it took 19 days.
Kindly suggest
Deepak Nair
(Expert) 29 December 2011
Appoint a new lawyer who would help you in solving the matter.
My advise is to fight the case on its merit and don't pay or promise to pay any such amount in mediation.
there is bright chance of getting bail.
Aatif Khan
(Querist) 30 December 2011
Dear Deepak Jee/experts
I am attaching my bail order. I would really be thankfull if you can give your opinion on getting a regular bail after reading it.
Aatif Khan
(Querist) 30 December 2011
Dear Experts
I humbly urge to answer my above mentioned query
Shonee Kapoor
(Expert) 01 January 2012
It has no bearings on merits of the case, God willing you would get bail.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Aatif Khan
(Querist) 04 January 2012
Dear Members
Kindly suggest the best possible process to get the regular bail as i am already on AB. My case is referred to the mediation center where i am sure it will collapse as my wife will ask for a huge settlement amount which i will not be able to pay. I have a 1 year baby too who's currently with my wife. my case is running in Delhi and i resides in Bareilly UP. Travelling again & again is really a pain and also getting leaves from my job puts me my job in danger.
