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(Guest)

bail in 498A

In a 498A case I the main accused was arrested and secured a regular bail from District court but my family members did not secure a regular bail but they took a stay arrest from UP high court by filing a criminal writ petition which has a mediation centre clause for which we deposited Rs 10K.

what is the procedure to secure a regular bail for them as the arrest stay would expire in 3 mths. The chargesheet in the 498A case is not yet filed.  please suggest the manner of securing the regular bail for my family members. The case is subject to UP jurisdiction.



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 4 Replies

Prakash Yedhula (Lawyer)     23 July 2010

If not arrested, apply for anticipatory bail. However, the nature of Criminal Writ Petition and the interim order passed therein has to be seen for proper advice.

Kiran Kumar (Lawyer)     24 July 2010

the anticipatory bail so granted can be extended if the challan is not presented in the next 3 months, however, if the challan is presented then file regular bail petition in the trial court.

vikas (manager)     02 April 2012

first participate in mediation and if mediation pass then it will be good for both of you but if fails (as in mediation the only thing the mediators will ask you and your family to pay the ransom amount asked by the girl and her family and get away with the court cases.. if the ransom amount is ok with you then pay it and get rid of the court cases) if it fails then it will go for hearing as 482 and in that case the court will ask you and your family to appear in lower court wherin the case is going on and take bail. in that hearing after mediation fails your advocate should be sound enough to ask for same day bail on merit in lower court else atleast grant same day bail to ladies and for gents they should hear on merit. Now first take the bail of ladies and send them to home. then take bail of your father/elder gents or your jija or brother etc and then you present yourself in  morning court of lower junior divison judge or session judge and apply for interim bail and more likely your interim bail will be rejected and at 2 pm imm file for regular bail in district judge office and on merit take atleast interim bail if not regular bail. prepare everything for yourself and send 4-5 panel counsils for discussion on bail and ask them to be loud and large before judge other wise the judge will not bow down and reject your bail.


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