LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

umesh verma (Working)     08 February 2017

Bail in 498a case..

Dear Sir,
My wife filled 498A case against me, my father , mother and my younger brother at Kanpur in 2013 with that incident which actually was not happened..I went to allahabad high court but there also lady judge did not grant any relief in that and ordered for surrender in the court and do process for bail..what a bad decision is that!!! we did not go my wife house on that day of which she had mentioned in her case but still as female always has some special feelings to another female and that's why lady judge refused our application..Now what should I do??? I am totally blank at present..in a serious situation..pls suggest me what should I do and pls suggest me one good lawyer who can provide all 4 bail at Kanpur...pls help and reply...
thanks
Umesh Verma



Learning

 6 Replies

umesh verma (Working)     08 February 2017

Sorry one another point I forgot to mentioned that kanpur court issued a summon to us in 2016..against this summon I went to allahabad highcourt in last month...now pls suggest as per above question...thanks...

A walk alone (-)     08 February 2017

Your query is not clear. She file case in 2013 and it's now 2017 you haven't got bail? Anyway you should hire a lawyer and apply for bail. Once you and your family got bail almost problem solve. Your wife has file case she has to prove her allegations not you have to prove your innocence. Let her prove her case.

Anil Upadhyay (Lawyer)     09 February 2017

Your facts are incomplete, so send complete details of your case. You are not able to get bail, since 2013. You have not disclosed grounds for rejection of you bail.. Come with complete details to get right advise.

umesh verma (Working)     09 February 2017

Respected all,

Thanks for reply and sorry for incomplete details, actually I am in a huge tension because three cases are going on in kanpur since last 4 years and so perhaps I did not mention all the things but thanks for reply me. Actually my wife had filled one 498a case in 2012 at kanpur but at that time that case was rejected due to jurisdiction issue then my clever wife and her advocate had again filled this case in 2013 year with new incident stating of proper kanpur that we all four persons went to her home at kanpur and again we demanded 5 lacs rs and one car at their house also we again assaulted and ill treated them (actually we never went to kanpur on the said date and never any incident was happened) then kanpur court issued summons in 2016 after hearing of her and her father and brother against me, my father , my mother and my brother but with the help of my local lawyer still we have not received any summons from them, now for stay purpose I went to Allahabad high court in last month but they refused my stay application and told us to surrender in front of court and should take bail. 

Now at present I am in touch with two different lawyers for getting bail but they both told me different answer, one told me that it will be very very tough for getting this bail for all of four persons also we will get first interim bail and then after we will get final bail after hearing of my wife statement, it can be possible that court will not allow bail then we should go to jail, also we should come from ahmedabad to kanpur on each hearing of bail.

Now second lawyer told me another answer, he is telling me to apply revision against of this summon in district court becuase court had never tried to check actual scenerio against wife statement that was any incident happened at that time, if we will get succeed then this summon order can be reversed but if we will fail then we should go for bail but this will cost of apoprx. rx. 30000/-....( !!!!!!! ) 

Now, here i am so confused what should I do here becuase both lawyers has different openion and the cost involved is so so much high, so I want guidance from all of you what should I do here?? Pls suggest..

Waiting for your valuable suggestions..thanks..umesh 

umesh verma (Working)     09 February 2017

Also pls suggest can I again file the same case in high court or should file writ appeal? Pls suggest sirs...

minsal (Jr. Advocate)     15 December 2017

please see the supreme judgment in criminal appeal 1277 of 2014 (SLP (CRL.) 9127 of 2013)


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register