shalini (software engineer) 15 May 2012

Chargesheet and bail

hi All,

My brother is in the process of mediation. Girl didnt appear for the 1st date and 2nd date in on next week. we now the mediation is goanna failed as the girl has demanded some 30 lac. We had already filed the divorce case on the base of adultery. We have a few questions

1. Is there any link between bail proceeding and mediation. I mean can we start the bail proceeding before the mediation is over?

2. IO office seems like girl side as he is a local police man to them. He spoke my brother and listen our case had a lilttle sympathy but again seemed to force my brother to give the gril side at least 20 lac to finish the matter. Has IO been bribed with the gril side?. Sud we meet the IO persnally again and show all our proofs to show her adultery and recording we already had.? How much bribe he might take from us to give the chargesheet in our favour. We are sure he already understood that we are not on fault.

3. Is it true we can't proceed for bail without the chargesheet in our hand?

4. What if the IO gives the false chargesheet against us? Will it be problem to get the bail. Can we show all the proof we have whileing applying for bail?

I have a few more question which I will ask in second post as it has different type of questions

Thanks Shalini

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 16 May 2012

You can file bail application even though mediation is going on. FIR is sufficient to get bail.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 16 May 2012

Dear Shalini,

1. You should get AB now - it is not conditional upon chargesheet and can be filed even before FIR. Mediation is not an impediment either.

2. You should make a representation to the IO detailing all the facts apprising him of real fact situation, so that he is obligated to go through your side of the story, he may after reading - remove parents/relatives at least from chargesheet by putting them in Khana no. 2.

3. If the Investigation is going you can seek the assistance of local magistrate/SSP for re-investigation that is effective/impartial and unbiased.

Feel free to talk !

shalini (software engineer) 16 May 2012

thanks all for replying. Let me mention one more thing is that this case is in UP where there is no AB. So in tha case also just FIR will be sufficient to get the bail?