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mohan   12 April 2016

Anticipatory bail.....

Dear ALL, 

 

My dear wife...filed a totally false complaint in CAW - Delhi. a long complaint but no incident of harassment or physical abuse due to dowry demands. Not even one incident was mentioned where she was troubled or forced to bring money or any other material stuff. But the first line and last line said.... she was harassed due to dowry demands... My advocate says..this is a standard format as it is used just to file the complaint in CAW. 

 

Now, after CAW, the complaint has come to local police station and there also the female inspector / IO of the case says, i would get bail easily as there is no mention of the dowry harassment incident in the entire complaint. But i cannot trust her as am sure she would have been bribed by the other party...  

Now, what do i expect in the court ? My advocate says - "498 toh banta hi nahin hai". and 406 is bailable. so, i would get anticipatory bail easily. BUT, as its the first time, am a bit worried. wink

Am sure the wife will come there and do all the drama and try to stop the bail....!! My questions.... 

- given the above details... does 498A apply in my case ?

- what are the chances of me getting the bail ?

- how much is the judge influenced by the drama of the girl ?

- what normally are the chances of husbands getting bails in such cases ?

- will my parents also get the bail easily ?

 

 

 

 

 

 



Learning

 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     12 April 2016

498A does not attract immediate arrests unless prima facie is established against the accused. U may apply for AB to avoid complications. Judges won't be influenced by dramas by either party.

Shekhar (Proprietor)     12 April 2016

1. Contents is best known to you. 2. In AB or in getting bail, lady has no part. Hence neither opposition nor any drama. 3. If judges get influenced by drama, then they are no more judges. 4. Getting bail is right of the person as per the constitution, unless you are a grave danger to society in Toto. Further leave the matter to your lawyer and enjoy your life. Regards Shekhar Bangalore +919731110296

(Guest)
498A is cruelty..cruelty can be of any type.. And also domestic violence which s non bailable...its not like if u don't demand dowry u r freed from 498A...406 is bailable.but bail will not totally discharge u....I have not read the fir or complaint but t genraly happens in courts

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