Bail gurrentor

Rahul Gupta (Querist) 31 August 2015 This query is : Resolved
498a case is lodged against 5 member of my family including me. Lawyer said that for bail of each person 2 guarantor are required in UP. we don't have 10 people to give guaranty with us.

Can't same two person become guarantor for each person? They have sufficient FDs to put as surety with them.

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dev kapoor (Expert) 01 September 2015
Hi Rahul,
There is no hard and fast rule for furnishing bail guarantors/sureties/recognizance.It depends upon the discretion of concerned judge.If a judge is convinced he may accept personal recognizance as well as purpose of bail is to ensure your(accused persons') presence during investigation/trial.But some judge have adopted a tangible practice in respect of particular type of offence.After all judges too are human beings and gender sensitized too.
Then SC Judge Justice Krishana Ayyer has said in a reported judgment that "...bail hinges on the whims of a judge".So,best of luck.

Rajendra K Goyal (Expert) 01 September 2015
Depends on the discretion of the court.

T. Kalaiselvan, Advocate (Expert) 06 September 2015
The local rule may require two sureties for each accused, so this practice cannot be deviated for your purpose.

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