life2live 29 January 2015

False 498a : fir registered 7 months back : bail

Hi,

Please,can someone help me with details.

Wife filed 498a FIR seven months back. and there was no progress.

Whole family + extended family is listed. Police not ready to arrest..even after asking.

As case is fully false and all proofs in place.

Now, when I can apply for normal bail ? ... I don't want to go for anitcipatory bail.

What action I can take on police for this ? ... They are toruturing by asking all family to visit police station

but once we are present they don't do anything...just make us wait all day... and then ask to leave.

so. please can someone help with :-

1. when I can apply for normal bail ?

2. What action I can take on police for torutrue and delay tactics ?

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3 Replies

jack (nothing) 29 January 2015

You no need any bail if there is no proofs on physical injuries to wife. But make sure police has been served 41(a) notice.

CompelledToLearnLaw (Financial Examiner) 30 January 2015

Brother, do not be misguided. Get anticipatory bail for everyone. If a well established advocate is too expensive for u, u go and do it on ur own or with the help of a junior advocate who charges very little money. Get anticipatory bail and make urself and ur family custody-proof. It's worth it.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 04 February 2015

It is always better to take AB well in time. Don't get complacent.

There are instances where arrests have happened after an year of registration of FIR as well. Sec 41A of CrPC is merely a form and procedure, it does not necessarily stop the arrest.

Regards,

Shonee Kapoor

www.shoneekapoor.com

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