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(Guest)

Bail in 498A

If the main accused husband has been granted bail by the district court what are the chances of the husbands relatives parents getting bail in UP in a 498A case. The chargesheet is yet to be filed but the relatives are under a stay arrest order passed by the Allahabad High court.

 

The stay arrest order is conditional subject to mediation centre. The dates for mediation are fixed when both the parties need to attend though there would be no resolution at the mediation centre resulting in cancellation of stay arrest or may be the girls side dont turn up on the date fixed at the mediation centre.

In that case we would need to apply for regular bail in the UP.  lower court which the other party would object. My parents are old and sick I dont want them to go to jail in case bail is rejected as the magistrates take such applications very casually but impacts decent people who havent expected that they would face such day in life.

I want to know if there are chances of my parents bail rejection even though I being the main accused have been released on bail.I know its the discretionary power of the magistrate to grant or reject the bail but some advice as to how to approach for bail. The system in UP is more complex as it appears.

Can the arrest stay be extended from HC If mediation fails or If the other party do not turn up for mediation.

 



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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     19 August 2010

It is wonder how come the HC rejected the bail application when main accused is on bail.  Some times High Court Judges behave strangely.  Then even dont go thru., the papers.

sachin gupta (lawyer)     22 August 2010

your wife is not staying with u since 19/05/10 and u mentioned that u was married on 24/05/2010 how it could be possible if it is a typographical error its ok . one important thing is that before to cancel your bail application court give an opportunity of hearing and it is not so simple to cancel bail .

Gaurav (TL)     27 August 2010

You from which city.

As per my knowledge matrimonial cases are first referrred to Women Cell rather normal police handling them.

Please put light on this, is it possible that normal police directly registering  FIR in 498A & 406, since my situation is similar to yours, and I am also fearing the false cases.


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