Bail power to io
Kunwar
(Querist) 28 September 2016
This query is : Resolved
Dear Sirs'
My wife has registered case against me and my family under sec. 498, 504,507, 3/4 dp act etc in which we have applied bail application in HC Allahabad, so the honourable court has given same day bail order based on that order we have given our bail in the last month. But in the FIR which we have obtained from court only the name of me, my father and my maternal uncle was mentioned, now the IO is saying that my mother's name is also in the FIR and we have to give bail of her, he is also saying that an IO has a power to grant bail.
So my question is that
1- Does an IO has power to grant bail.
2- If so then after approaching for bail to him later on my mother have to take bail from court also.
3- Which is better approaching to IO or directly to the court.
4- Initially when there is no name of my mother in FIR than how it comes now.
5- What will be the best option for me in this situation.
Raj Kumar Makkad
(Expert) 28 September 2016
1. Yes.
2. Yes at the time of submission of challan.
3. IO
4. During investigation, some names may get deleted and someone may be got added if the material accordingly comes during the investigation.
5. Already told.
Kunwar
(Querist) 28 September 2016
If we approach IO for bail and court also than it may be double work for same cause so why should not we go directly to court.
Raj Kumar Makkad
(Expert) 28 September 2016
You can also go to the court. There is no legal hurdle in doing so.
P. Venu
(Expert) 29 September 2016
First of all, obtain a copy of the FIR.
Rajendra K Goyal
(Expert) 29 September 2016
1- Yes, if he agrees.
2- Yes
3- Presently with IO if he agrees..
4- Can be added during investigation.
5- Can approach court.
Rajendra K Goyal
(Expert) 29 September 2016
If we approach IO for bail and court also than it may be double work for same cause so why should not we go directly to court.
Reply:
Yes you can go.