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Anup Singh (Employee)     12 October 2013

Is bail necessary?

Dear Members,

My sister was assaulted in public in broad daylight by her husbands first wife because first wife is not winning the false dv act she had filed against my brother and sister.


The question is as follows.

After the assault, no one was seriously hurt but alot of bruises by both the women. The first wife who is losing her divorce case has attacked my brothers wife. Both the women got medical checkup and the police filed an FIR against the first wife. The police was bribed and they filed 2 FIR's, against both women. Now my sister (brothers wife) is innocent but the police are asking her to file anticipatory bail even though she was the victim of the crime. Since there are 2 FIR's against both of the women, the police have created a scene of confusion to cover up the crime for the 'right price'.

I want to ask if there are any drawbacks of applying for anticipatory bail since she is not the criminal in this case and only the first wife is. If she applies for bail for a false FIR, does it mean she is guilty? The first wife has 4 other criminal fir's against her in other stations however she has managed to 'settle the accounts $$$'.


Any advice is appreciated.


Regards,

Anup Singh



Learning

 5 Replies

sandykrish (Interested in Family LAW)     12 October 2013

Dont involve in cat fight between 2 women

sandykrish (Interested in Family LAW)     12 October 2013

Ask your brother in law to sort out issues.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 October 2013

contact a lawyer personally

Sarvesh Kumar Sharma Advocate (Advocacy)     13 October 2013

No ; bail is never treated as guilty.

T. Kalaiselvan, Advocate (Advocate)     13 October 2013

Mr. Anup,

Once a FIR has been registered, the persons named as accused, in order to avoid being remanded, they should move and obtain anticipatory bail immediately and then fight their case in the court based on their merits and evidences in their possession.  It will not mean that the person who is on bail is termed guilty.    


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