BAIL U/S 498A IN UTTER PRADESH
Querist :
Anonymous
(Querist) 11 March 2010
This query is : Resolved
Dear All,
Facts : Dispute with wife, wife is presently at parents home(UP), threating to face 498a from up, her relatives are trying to settle their own personal reveng with my famialy...
My quries are
1) whether 498a can be filled directly or she has to file complaint women cell first.
2) If 498a if filled in UP. How Can my family get bail ? as there is no AB in up. How many days police can keep my family arrest before presenting to court ? what are other alternatives after arrest by police.
Plz reply asap..
Kumar Thadhani
(Expert) 11 March 2010
File anticipatory bail petition in order to save you and your familiy arrests.
Querist :
Anonymous
(Querist) 11 March 2010
But AB is not available in utter pradesh
Raj Kumar Makkad
(Expert) 11 March 2010
1. There are many ways. Woman can file approach woman cell as well can fiel direct FIR and can also file a complaint before court.
2. There is no ban of AB in UP and your family can get bail as per routine manner. You can apply for AB as well can also apply routine bail when you are presented before court by police. Generally all family members get immediate bail whereas husband has to generally remain behind bars for a day or two if the allegations are no so serious or specific.
Sukhija
(Expert) 11 March 2010
I agree with above views
Guest
(Expert) 11 March 2010
As the subject of Criminal Procedure falls in concurrent list of Seventh Schedule of our Constitution, signifying that both Parliament and State Legislatures can legislate on it, several States have from time to time carried out State-specific amendments in the CrPC including a provision relating to grant of anticipatory bail as per their needs and convenience. Pertinent to mention in this regard is the State of UP which has since omitted the provision of anticipatory bail in the State since 1976. The Apex Court has upheld this decision of UP as being Constitutional under Article 254(2) of our Constitution. Similar is the case with State of Jammu and Kashmir which has its own code similar to the old Code viz . CrPC, 1898 with no provision of Anticipatory Bail. The courts in these States have been granting stay of arrests or interim bails in lieu of anticipatory bail, but the practice has not find favour with superior courts. Only recently, the Supreme Court has asked the UP Government for restoring the provision of anticipatory bail in the State so that the High Court may not have to take recourse of section 482 CrPC (Inherent powers) in this regard. So this aspect also needs urgent redressal.
Querist :
Anonymous
(Querist) 12 March 2010
Firstly thanks to all expets,
My next quary is if she files compaint in women cell, than how WC proceed the case ? as i am completely unaware of their proceedings/misuges of power/corruption.,
