When to approach hc in 498a case
Rahul Gupta
(Querist) 27 August 2015
This query is : Resolved
498a case has been lodged by my wife in Uttar Pradesh against me and my family. District court mediation has failed. Police investigation has not started. According to my lawyer there is no need to apply for bail till charge sheet gets filed by police as now due to Supreme Court ruling police cannot arrest without permission by magistrate.
Lawyer has adviced to move district court for bail and HC for stay on arrest only after Chargesheet gets filed in court.
Is it right approach or we should approach High Court now only for Stay on arrest?
SAINATH DEVALLA
(Expert) 27 August 2015
Wait till the chargesheet is filed.Generally AB or regualr bail is declined in the lower courts,after the filing of the chargesheet.Hence once the chargesheet is filed,first apply for AB in the HC.
Rajendra K Goyal
(Expert) 27 August 2015
Move as per advise of your lawyer, he is aware of full case file. In case of need, you can take second opinion by showing full case file to some senior lawyer.
Rahul Gupta
(Querist) 27 August 2015
@Sainath Devalla
But sir, I had heard that bail is not usually denied in 498A case at District court level also unless there are strong evidence against accused?
SAINATH DEVALLA
(Expert) 27 August 2015
The chances in lower courts are 50/50 only.
Rahul Gupta
(Querist) 27 August 2015
Sir, is there any benefit of approaching District or high court for stay on arrest till charge sheet is filed by police?
SAINATH DEVALLA
(Expert) 27 August 2015
Why do U want to hurry before chargesheet is filed,inviting the wrath of law.Mind u 498A is a dangerous case,U have to counter it with valid evidences from UR side denying the ingredients of the chargesheet.
Advocate/CS Sanjeev Kataria
(Expert) 28 August 2015
rightly advised by expert, wait till the chargesheet is filed, in UP there is no provision of AB, it is better to go to High court for stay on arrest but after filing of chargesheet.
