ANOOP KUMAR SINGH (DEFENCE PERSONNEL) 25 February 2012

Grant of bail

Hi,

I have been accused in 3/4 Dowry Prohibition Act by the father of the girl whom I was engaged with last year. Due to their false statements, i decided to drop the marriage plans with this girl. Her father accused me & my parents on false & baseless allegations under 3/4 Dowry Prohibition Act. Now that my parents have got bail in this case and I am serving in INDIAN AIR FORCE will soon be appearing before the court for bail.So under any circumstances, can I be not granted bail by trial court? Or may I be arrested by the police for the court proceedings,although I am serving as a soldier in IAF? Please guide me what can be the consequences and what actions should I take? Is there some seperate conditions for grant of bail/arrest of defence personnel?

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6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 25 February 2012

Mr.Singh, Bail is the rule and Jail is the exception nowadays. There is a good chance that you'd get bail, considering your antecedents and your established roots, furthermore the onerous nature of your duty is an added advantage. If you undertake and do participate in the investigation as & when required - there is no reason to refuse you bail. For Jail is only to be opted for, when there are no other equally efficacious way of securing your presence at the trial. If it can be reasonably secured otherwise no reason to refuse you bail. (SS Mhetra v. State of Maharashtra 2011)

adv. rajeev ( rajoo ) (practicing advocate) 26 February 2012

You will get the bail.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 26 February 2012

God willing you would get the bail.

Though bail is always a matter of discretion, the fact that the girl never stayed with you and it is a case of "your word against my word", bail should not be a problem.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 26 February 2012

Dear Anoop Kumar 100% you will get the bail, no need to worry about it.in this matter the Lower court have not discretion power according to SC Judgement, in which the court held, that the court will not decline to grant bail to a person who is not accused of an offence punishable with death or imprisonment for life.