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Satyamev (IT Manager)     27 August 2014

Anticipatory bail in dowry and domestic violence case

Hi 

I am from UP and wife from uttrakhand. I am really innocent and did not take dowry , nor i did domestic violence. I just refused to include her name in my parental property worth 10-15 crores that provoked her.

I got married on 20th April 14 , wife left after 15 days to meet parents and after 22 days filed  an FIR , before that Counselling took place in Woman Cell in which decesion was in my favor but still FIR was registered by false means against me and my family. 

I took Stay order from Uttrakhand High Court for my family and for my self on Arnish Kumar Judgment which came recently. 

Investigation is yet to start which will be manipulative for sure by girl party and the chargesheet will go to sessions court for sure I cant get bail from there and my stay can be cancelled. Also the mediation will take place in high court which girl party will try to break.

There is no provision of ACB in uttarakhand and UP.

How should i protect myself from arresting in such a situation , as Police and local court are blindly with Woman. 

Sections in which I am booked : 323 , 504 , 506 , 498A , 3/4 dp

Can I approach Supreme Court at this stage for Anticipatory Bail. 

Please advice me . 

Regards,

Satyamev



Learning

 5 Replies

S_K_SHARMA (GOVT. OFFICER)     27 August 2014

At first, try to have patience. Because, without patience your every decision may be incorrect and also may go against you. Hire a lawyer who is expert in dealing with criminal cases. Through that lawyer file a bail petition and watch his activity very closely, It is a time taking and lengthy process. In the light of Honourable supreme court's comment on this law as "LEGAL TERRORISM" some RESPONSIBLE concerned police official takes precaution in arresting but since your FIR is directly in police station, hence it may be harrasing for you.......ONLY THING IN THIS CASE IS TRY TO FIGHT LEGALLY ACCORDING TO THE PREVAILING LAWS AND SYSTEM.....But one thing is you should surrender yourself before the court to protect your family from any arresting and to ease to get anticipatory bail for them....You may remain in custody for sometime....Get bail and fight against this legal terrorism.....If you and your family were not involve in domestic violence against  that lady and if the case is fake then.....have faith in god and fight you will be winner and God will punish the complinants family....Believe me you are not alone in this world of painful section 498 of IPC....God bless you.....These are practical suggestions, only.....Rest is upon you...here is an attached file of Allahabad high court....it may help you.


Attached File : 724342014 cropped-leges-divorce-lawyers2.jpg downloaded: 287 times

Ashok, Advocate (Lawyer at Delhi)     27 August 2014

Since you have stated that you have already obtained stay order from the High Court in respect of the arrest of yourself and your family members, at this stage there is no need to go the Supreme Court for anticipatory bail. Right now, the decision of the High Court is in your favour in so far as the bail matter is concerned. Therefore, there is no ground for going to the Supreme Court. If and when the High Court vacates the stay on the arrest (since there is no provision for anticipatory bail in UP and Uttrakhand as Section 438 Cr.P.C. is not applicable there), you may try to approach the Supreme Court at that stage. Meanwhile, you cooperate with the police and submit evidence that supports your case.

 

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 August 2014

I am in complete agreement with Advocate Ashok.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Sudhir Kumar, Advocate (Advocate)     16 November 2014

Please list how many threads you have opened on the issue

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 November 2014

I really don't understand why CrPC 438 is not applicable in UP and Uttarakhand.

 

I think basic laws are same except a few state amendments other than J & K.
Whether accused are treated as pre-convicted notion of view in UP and Uttarakhand?

Sombody, should file PIL in HC on this because recently supreme court have given a judgement of no automatic arrest in 498A.

 

Anyway, if AB is not applicable there than file Writ Petition (Article 226) and pray for regular bail, Quashing with speedy trial.

 

Also register a counter FIR against her for her criminal conspiracy and extortion.

 

Please read each of my posts carefully in the following links.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1


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