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Bail u/s498A/502/406

Guest (Querist) 16 January 2011 This query is : Resolved 
My mother and father are aged above 70 years and my married sister are co-accused in this case.

I got a bail 4 months ago but took a stay of arrest for my parents from HC. The chargesheet is filed and I have to apply for regular bail for my parents.

Lawyers tell me that for main accused bail is rejected in lower court and is granted from district court only that happened in my case.

but the co-accused can get bail from lower court but the magistrate may reject the bail also for my sister in that case she will need to secure bail from District court.

Please suggest after chargesheet why is bail a problem I cant afford to take risk for my parents and sisters bail. This is being used by the other side as a point of blackmail. They claim huge amount and are threatening that they will oppose by familys bail If I dont agree to pay.

This leaves no scope for accused from respected families to defend themself in the trial. Please suggest any other options or if the HC can grant bail or stay on arrest ---and we can face the trial without requiring to take bail from lower/trial court.

Raj Kumar Makkad (Expert) 16 January 2011
You apply for regular bail for your parents first and keeping in view general trend of courts, it shall be granted by trial court failing which move for the same purpose to sessions court. You should move bail application after grant of regular bail to your parents. I hope there shall not be any hurdle in her bail despite of resistance of your wife side.
adv. rajeev ( rajoo ) (Expert) 16 January 2011
I agree with Raj Sir,
Kirti Kar Tripathi (Expert) 16 January 2011
I also agree with Mr. Makkad.
SANJAY GUPTA (Expert) 17 January 2011
agree with Mr.Makkad but vacate the stay order taken by you for your parents before moving bail application before the lower courts.
Ajay Bansal (Expert) 17 January 2011
Agreed with Mr.Makkad.
Amit Minocha (Expert) 17 January 2011
agree with experts


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