Regular Bail in 498a

pru (Querist) 27 June 2011 This query is : Resolved
I am facing a 498a case(chages are 498a and 3/4 DP). My anticipatory bail has been rejected.

Now it has been 3 months of case and no charge sheet has been filed.
If I surrender now can I get bail in this ground?

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Guest (Expert) 27 June 2011
in which court it is rejected? sessions court or highcourt?
if it is in lower court file it in highcourt.
if the delay occurs file a quash petition before highcourt. In this certain orders will be passed in which it will be your favour to close the case or speed up the case. in both you will get relief from case or A.bail. contact your lawyer

pru (Querist) 27 June 2011
If I file a quash petition. Will police not arrest me until the petition is going on?

Kiran Kumar (Expert) 27 June 2011
filing of quashing petition does not mean that bail will be extended to you, since you are not appearing before police for investigation so how they will be able to file challan against you.

enquire about the fact that whether you have been declared Proclaimed Offender or not?

by not cooperating with the Investigating Agency you will be inviting more trouble for yourself....visit some local lawyer and take an appropriate step.

Guest (Expert) 27 June 2011
i agree with the expert mr Kiran

pru (Querist) 27 June 2011
Till now I have cooprated with police and police was not looking to arrest me. So declaration of Proclaimed Offender in not is question.

Police diary is in my favor and chargesheet has not been submitted as DSP as not completed supervision of the case. Now it has been three months.

My AB was rejected as reconcilliation failed.

Please help me with my initial question
Now it has been 3 months of case and no charge sheet has been filed.
If I surrender now can I get bail in this ground?

Devajyoti Barman (Expert) 27 June 2011
Delay in submitting the charge sheet is not at all a ground for getting bail.

The situation would have been different had you been under custody where after 90 days if the police files charge sheet , the accused gets bail as a matter of right.

prabhakar singh (Expert) 27 June 2011
i agree with the experts

RAKHI BUDHIRAJA ADVOCATE (Expert) 27 June 2011
agreed with the views of Experts

Amit Minocha (Expert) 27 June 2011
agree with experts

Kiran Kumar (Expert) 27 June 2011
there is no need for panic....if you have cooperated throughout the investigation then you shall not be afraid.

if you still feel in secured then you may file another anticipatory bail application before the higher court.

Arun Kumar Bhagat (Expert) 03 July 2011
Now it has been 3 months of case and no charge sheet has been filed.
If I surrender now can I get bail in this ground?

Ans: No. It is not the ground of bail unless you are in custody .

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