498A stay

Guest (Querist) 18 February 2011 This query is : Resolved
I have a question I took a stay of arrest from HC by filing Misc Criminal writ petition - Quashing of FIR. The court granted stay of arrest and referred the case to mediation with a direction that the case shall be listed at a future date with the mediation results and then a fresh decision will be taken by Allahabad High court on my arrest stay.

The mediation is at the final stages and my FIL is asking for a huge amount and a flat which is beyond my means and morever the marriage is just 3 months old she walked away in 3 months without any reason and filed the cases under Sec-498A/502/406 and 3/4 DP Act. They had not given anything in gifts as well.

I am in a fix as have heard that in UP the bail process is difficult. The other side is banking on this as this is the only point that make me weak to compromise. I have been able to secure bail fro myself though I had to be in custody for one day as the lower court rejects the bail an d I had to secure it from District Court. The lawyers say that this is how it works in UP anthe main accused has to take from district court only.

The Chargesheet is now filed and I have received summons to appear in March so will my family members get bail on appearenece generally as by then the mediation would have failed and the other side would leave no stone unturned to oppose my bail.

Please advise the next steps and precautions I can take.

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Arvind Singh Chauhan (Expert) 18 February 2011
Bail depends on the discretion of court.

You have two options either your family should appear before court and ask for bail,

or you have to get stay against further proceeding in court, if you have sound ground and you believe that you will succeed to quash the whole proceeding.

Amit Minocha (Expert) 19 February 2011
if you are on bail, it may be easier for your family to get it

Ajay Bansal (Expert) 19 February 2011
Bail is not a matter of discretion of court in every matter rarher it is a right of accused in most of non-bailable matter too.In your matter bail would be granted to your side easily.So don't worry and fight the case.

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