498A Bail

Querist : Anonymous (Querist) 25 June 2011 This query is : Resolved
if the husband has secured bail before chargesheet in 498A case but the other family members did not secure bail and now the chargesheet is filed and summons have been received from trial court so will the other accused will need to apply for bail on the date of summons or before that.

whats the risk after chargesheet in getting bail if the main accused is bailed out....what if they get the directions from HC that interim bail shall be granted on the day of appearence and the final bail application should be then heard within two weeks from Interim bail.

what if the other side places objections.

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yogesh (Expert) 25 June 2011
If charge sheet is filed, then other co members easily will get the bail. The purpose of not granting the bail is that the accused person should not interfere with the witness
If the main accused get bail then other memebers easily get bail

sibasish pattanayak (Expert) 25 June 2011
sir,
First of all i wan to kno that where the said case is pending? bcoz it depends on court, though the law suggest that bail is a right in this stage also, C/S SUBMITTED by the I/O ABSCONDED against the accused, the copy u/s 173 cr. p.c is ready, better u can apply b4 the trial magistrate for bail it is so available As to why i asking in which court the case is pending, my bitter experience suggest me to ask.
SIBASISH PATTANAYAK,ADVOCATE.
09874854594.

Tarun Thakur (Expert) 25 June 2011
the co accused might be under column'no. 2 in police report. Tell whether other co accused applied for anticipatory bail earlier. If u hv received summons better is to apply to sessions court for anticipatory bail which if applied will issue direction to appear before trial court.. Regards Tarun thakur advocate 9855554403.

Guest (Expert) 25 June 2011
I agree with yogesh view.
Check out this link:
www.498a.org/.../Good%20article%20to%20know%20about%20your%20rights.pdf

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