Anwar Shaikh (engineer) 23 December 2018

Risk associated with surety

Dear experts ,

My friend's wife has filed a false dowry case 498 against him. To get anticipatory bail , he needs a surety person and he is asking me to help.

I want to know what risk is associated with if I stands as surety person for him .
How often do I need to visit the court if I give surety to him ? .

Thanks

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6 Replies

Dr J C Vashista (Advocate) 23 December 2018

Whether you have any control over the accused to be produced before the Court, as and when directed in case the bail is granted? If you can produce, there is no risk and you should stand surety for him/her, otherwise just think twice before making any comitment.

Consult with the lawyer engaged by your "friend" .

Siddharth Srivastava (Advocate) 23 December 2018

in case your friend violate bail then being surety you shall be liable to the tune of bail amount. As such no other risk.

Shashi Dhara 23 December 2018

If he regularly appears tocourt without absent nothing happens if he abscond u have to produce him before court if I fails the bail property is forfeited.

G.L.N. Prasad (Retired employee.) 23 December 2018

He is your friend, and the only surety binds his presence/attendance during court proceedings and to safeguard that he will not escape from his residence without address. This is the least you can do for your friend.

Martin S. 25 December 2018

Originally posted by : Anwar Shaikh
	Dear experts ,My friend's wife has filed a false dowry case 498 against him. To get anticipatory bail , he needs a surety person and he is asking me to help. I want to know what risk is associated with if I stands as surety person for him . How often do I need to visit the court if I give surety to him ? .Thanks

Just in case your friend does not appear in court and warrant gets issued again, you will be in trouble. If he runs away, they will catch hold of you, and put you in jail instead of him, plus your money will be gone, you will have to find surety to secure bail if you go inside. This has cunningly been not explained by any of the above so think and proceed. Above all dont contact the friends lawyer at all in this case, he will make you go to jail in all probability and would want to get more business from you, by getting you inside. Be careful.

G.L.N. Prasad (Retired employee.) 25 December 2018

1. You have informed that he is your friend and he is the innocent and false case was filed on him. The escaping from such custody in 498 cases is very rare as he must be having some standard business or secured employment and his parents or siblings was also facing the same. It depends on your understanding your friendship whether he can involve you in such dire consequences. A friend in need is a good friend indeed. It is your discretion and explain the facts to your family members and take their advice more than anybody else. If all friends escape with certain assumptions during dire needs, there is no value for such friendship.