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Rajesh Anand (Trainee)     05 November 2013

Bail after getting ab in 498a


My family members and myself received Anticipatory Bail (AB) in 498a case (FIR) filed by my wife. We received this AB after we submitted ample proof documents which proved that all allegations put by my wife are wrong. (Guess it was too early to submit proofs but we still went ahead and submitted proofs and we were lucky to get AB immediately).

The honourable court has suggested that we could get bail on executing personal bond of Rs.5,000 /- each with two sureties for a like sum each to satisfaction of the investigation officer.

Though we went (along with our sureties) to the Police Station of Investigation Officer (IO), This IO was not ready to consider this AB and process our bail. We approached the IO for full 2 days but he was not interested to process bail. We have ample proofs that he has rejected to process our bail wantedly due to financial dealings with the opposite party. Rejection of court order is a Dikkar of Court, so my lawyer is suggesting getting an order from court to directly surrender before court instead of surrendering at this police station of IO. 

Please clarify my questions are below:

1) What are the positives and negatives of surrendering before court directly (comparitive to surrendering in Police Station to IO)?

2) Is there any limited period for bail if I surrender to court directly (instead of surrendering at Police Station)? I would prefer a bail until end of this 498a court case rather than having a limited period bail.

3) My wife has already been through 498a cases on her previous ex-husbands using it to her financial advantages from her Exs. So I do not want my lack of knowledge or any mistakes to be grounds for her advantage. So please suggest any precautions I need to take in the entire process and documentation.

Thanks in advance,

Good Day!






 2 Replies

sridher (system analyst)     05 November 2013

in this situation it clearly shows io is corrupted go and surrender in the court is better ask shenoy kapoor he will suggest you very well

1 Like

Rajesh Anand (Trainee)     09 November 2013

Thanks Sridher.

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