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Monica (Party)     15 February 2014

Bail in 304b/498a


Wife of a friend allegedly committed suicide. The husband and his parents (Sr citizens) are in custody and charged with 304B, 498A and 316 in FIR. No suicide note or any other police or medical evidence has been found. What should be a good strategy to apply for bail in this case. Have heard police can collude with other party and delay the bail. What should be an average timeline to get the bail.


 11 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 February 2014

Dear Querist

there is no specific time frame for grant or reject the bail. file the bail as soon as possible, contact a lawyer personally will be better.

Monica (Party)     15 February 2014

Thanks for replying. Now here is the classic question. Some lawyers suggest to move quickly on bail suggesting lower courts will reject and it can be done by higher courts. While another of lawyers suggest that one should go slow so we don't exhaust all the legal options. I know you dont know the specifics..but assume no admissible evidence against the accused.

aap (manager)     15 February 2014

better to move quickly otherwise u will be in jail for uncertail time period

as the section 304 been posted its very hard to get bail in lower court so definately u will have to move to high court also to get it once rejected by lower court

moreove once applied the bail hearing comes for hearing in 2 to 4 days

go for Anticipatory bails fasts fast

Biswanath Roy (Advocate)     15 February 2014

At first you pray for Anticipatory Bail, thereafter proceed to High Court for a permanent bail with some strong  evidences.. Consult a Senior lawyer in your locality.

Monica (Party)     15 February 2014

the arrest has already happened. can you elaborate on strong evidences to get bail from high court? 

Biswanath Roy (Advocate)     15 February 2014

There are numerous ways to get bail  depending upon various situations and conditions. IF I GET COPY OF THE .F.I.R AND ALL OTHER CASE PAPERS INCLUDING DEATH STATEMENT OF THE VICTIM then I can show you the right way for getting bail.

rajiv rajan (rr)     15 February 2014

Dear Friend

1. Getting Regular Bail from Lower Court is difficult or may be father or mother get bail from lower court.

2. Go High court as early as possible whatever evidence with you , like suicide note, medical evidence other report.

3. Contact any senior lawyer of high court.

4. search good judgement regarding bail in site www.indiakannon.org.

Biswanath Roy (Advocate)     15 February 2014

The guide line of Hon'ble Supreme Court was given  in the case of State of Maharashtra vs.Ananta Chintamoni Dighe  AIR 1990 SC Page-625.

T. Kalaiselvan, Advocate (Advocate)     17 February 2014

The best way is to apply for bail i the lower court at the earliest possible, get it dismissed and with the dismissal copy approach high court, you will get the relief very soon.



If your family members been arrested then you can't file Anticipatory Bail.

You have only option left to go for regular bail U/s 437/439 crpc.

For complete details , please read the following article,I am placing the link it will be of immense help to you.

A complete details of Bail---Regular or Anticipatory with Citations of SC Judgements.




Monica (Party)     17 February 2014

thanks all.. we are facing another problem. Police has locked the house where suicide happened and is not giving keys to the family. Neighbors have seen police entering the house along with other party in our absence. If some evidence is "planted" at this stage.. what could be the legal remedy. what should we do? 

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