Bail for others other than main acccused in 498a
Rahul Mendiratta
(Querist) 04 September 2013
This query is : Resolved
Hi experts,
I alongwith my family are falsely accused in 498a and 3/4 DP in uttar pradesh.
I as main accused have got regular bail.
Other family members have not yet got bail.
Police has not yet submitted chargesheet.
I'd like to know -
1. Should I wait for chargesheet to be submitted before others apply for bail in lower court?
2. Can they apply for bail in ACJM court or we need to go to district court?
3. What is the difference if we apply for bail before or after chargesheet is submitted?
4. Is it true that chargesheet will be submitted by police only after all accused get bail or arrested?
Thanks
Devajyoti Barman
(Expert) 04 September 2013
1.yes
2. for surrender go to trial court, for anticipatory bail go to sessions court.
3. nothing
4.not necessary.
Rajendra K Goyal
(Expert) 05 September 2013
1. No need for charge sheet to be submitted before others apply for bail in lower court.
2. Can apply at ACJM court.
3. There is no difference bail before or after chargesheet is submitted.
4. It is not necessary that chargesheet will be submitted by police only after all accused get bail or arrested.
Nadeem Qureshi
(Expert) 05 September 2013
Dear Querist
my opinion on your queries are as under
1. Should I wait for chargesheet to be submitted before others apply for bail in lower court?
Opinion: if you think that the police is co operative with you & your family then wait otherwise apply for bail before Lower court or arresting stay before HC
2. Can they apply for bail in ACJM court or we need to go to district court?
Opinion: if the trial court is ACJM court then In ACJM court on ground of pRITY bail should be grant.
3. What is the difference if we apply for bail before or after chargesheet is submitted?
Opinion: after filing chargesheet the objections have no value.
4. Is it true that chargesheet will be submitted by police only after all accused get bail or arrested?
Opinion: no it is wrong. the police can file the charge Sheet any time as the police think that the investigation has been completed.
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