shalini (software engineer) 30 April 2012

Uttar pradesh laws for bail

Hi all,

I am with my brother for false allegation of 498a against him and my family. The brief of my brothers story is as below

1. he is on government job in delhi.

2. his wife has been caught with a mobile and have accepted her mistake on a letter pad that she had an affair with a boy of the same street where they were living. She has written this on a paper which has the sighn of his own parents and my parents.

3. After she was caught, she went back her home leaving her 7 year old son with my brother and then just after 4 days she complaiend in the police for dowry and harssment against my old parents, my brother and my younger married sister .She didnt do against me as I live in USA. But that complain was taken back with the help of our elders.

4. Now after discussing with with all family members of her and mine , my brother decided to file divorce. The divorce has been filed in delhi where both my brother and his wife lived for more than 6 years.

5. the day she got the summon, she again complained the police for 498a, and some dhara regarding harsment by my family. This complain was in meerut ( uttar pradesh)

6. we got the stay from allahabad high court for three months

7. now mediation date is next week.

I have a few question regarding the mediation

1. We just spoke one other family which has the same case. They got the infinite stay while we just got for three months. Is any thing our lawyer did wrong or my father answered our lawyer in way that we got teh stay just for three month.

2. Our alwyer from meerut is saying that if meditation fails( which is most probably the case as girl side is demanding for 30 lac which is much beyond of my brother's capacity, he is a teacher), the whole faimly has to go to jail. My father and mother who are above 60 will get the bail the same day and even my sister who is married and lived in delhi will also get the bail the same day but my brother has to be in jain for a few days. Is that true ? we are getting different information regarding the procedure for this "jail and bail" from different lawyers.

3. The girl side has not a single proof regarding all her allegation as they are all false, in that case also do my brother has to go to jain when Mediation fails. What are the law in uttar pradesh.

4. one of my friend's lawyer is saying that after mediation fails we all can be underground and our layer can prepare the papers for bail based on the charge sheet given after the mediation and the third person form our relatives can do the bail procedure with out my faimly being present to the jail. Please clear that point according to the law of meerut or uttar pradesh.

5. one more question since girl can not prove the allegation against our family, in that case also my brother might go to jail. So will that affact his government job in Delhi? Can he be suspended?

Please do reply urgently.

Thanks

Shalini

Reply Follow

6 Replies

Anish Thakur 7018812737 (advocate) 30 April 2012

call me

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 01 May 2012

Dear Shalini

"The bail is right and jail is exception" this the principle of laws, whenever it is not prove that the person is guilty, the person is innocent. all family mambers including husband can get bail easily. no need to worry.

feel free to call

shalini (software engineer) 01 May 2012

thanks every one. I will call you.

One more question I have. The girl reported harassment and did FIR on 13th Jan and write in the FIR that the she has written the confession letter under pressure and my parents has beaten her. Now my parents have searched the doctor in meerut who wrote the report regarding the wounds on her body. That report was a report of some accident and the girl side has used a few papers of that report in FIR.

can we do interim appeal for false FIR? will that help us not to go for bail as report itself is false on which basis they have done the FIR? Our lawyer is saying that we will do it later ..please help

Thanks

Anish Thakur 7018812737 (advocate) 01 May 2012

dear ,your case is strong here

as there are many weak points here from girls side like they filed complaint under 498 after receiving the summons for divorce ,your family and there family had done compromise twice on this topic,but there are many few factors we have to look into .