Opposing Bail of Inlaws

muzeeb ahmad (Querist) 24 September 2016 This query is : Resolved
I have filled a case under section 498a/323 and 3/4D.P.act against my husband and inlaws. Chargesheet has been prepared by police on all the above sections. And going to submit it to the court in a week time. My inlaws are very powerful people. I just want to know that how can i assured that the accused would not get bail. Whether i can file some writ petition in highcourt for opposing bail. As my inlaws are very powerful people, they will apply all their efforts to get the bail. Please suggest what to do now.

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Devajyoti Barman (Expert) 24 September 2016
Getting bail is rule and rejection is exception at least in offence of this nature.
I regret that you in laws would get bail in routine manner if they have not applied for the same as yet.

Raj Kumar Makkad (Expert) 25 September 2016
Bail is the discretionary power of magistrate whereas discretion is based upon law. Generally accused persons are not arrested in such cases. Recently Supreme Court has even taken very seriously the arrests in such type of cases and has even recommended departmental action against such magistrate who do not provide bail in such cases.

So there is no use to file any writ petition rather try to oppose their bail before the trial magistrate.

Sudhir Kumar, Advocate (Expert) 25 September 2016
Ye you can oppose if you have some reasons.

Rajendra K Goyal (Expert) 25 September 2016
You can oppose the bail application, rest depend on the court.

muzeeb ahmad (Querist) 25 September 2016
So approaching to high court will not help me for opposing bail??

Guest (Expert) 25 September 2016
Dear Muzeeb Ahmed,

Are you a woman that you have filed a case under section 498a/323 and 3/4D.P.act against your husband and inlaws?

Seems to be a good surprise?

Rajendra K Goyal (Expert) 26 September 2016
In the given facts seems no relief possible from High Court.

Please reply questions from expert P.S. Dhingra.

Raj Kumar Makkad (Expert) 26 September 2016
The bail by the accused shall be applied before the trial court so its opposition can also be made there. There is no scope of intervention of any other court when trial court decides bail application in such matters.

Guest (Expert) 27 September 2016
Mr. Muzeeb Ahmed,

When you are not a woman and any such incidents cannot happen with you, how your case under section 498a/323 and 3/4D has been admitted in the court?

Can you clarify the point?

Better take help of your tutor to solve your academic query, rather than falsely posing as a woman on this site.

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