shrishriml (service) 14 August 2016
Can one of the accused in a 498a FIR obtain anticipatory bail without being physically present in court? and can another accused in same FIR file bail application on her behalf?
Also, how can the complainant oppose such bail application? As i believe the police and the public prosecutor are helping in the same.
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 14 August 2016
It is not obligatory for the accused to remain present in court for the hearing on the anticipatory bail application.
The complainant has a right to be informed by the IO regarding the bail application filed by the accused and thereafter has a right to engage her own lawyer and oppose the bail application.
Augustine Chatterjee
Advocate & Solicitor at Law
9999931153
P. Venu (Advocate) 15 August 2016
Are you the complainant? It appears you are so keen on getting them arrested, than seeking remedy for the alleged wrongdoing against you. The posting suggests that those accused include your in-laws as well. Even otherwise, please note that the Police are under strict instruction not to make any hasty arrest in 498A cases.
LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 15 August 2016
498A is very minor offense and it has lost its teeth due to constant misuse.
BAIL IS RIGHT OF ANY ACCUSED AND DENIAL OF BAIL IS EXCEPTION.
shrishriml (service) 15 August 2016
what if wrong address is given in the bail application?
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