Bail in 498a case

junior manager

false 498a case was filed against me and my family members by my wife.we applied for anticipatory bail in the district court two times.it was rejected due to intervention of corrupt CI.what should i do in order to get bail atlest for my family members.is there any time limit to get the bail? for how many days we should be under cover?plz tell the way to get bail.thanking u in anticipation

 
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instructor

Immediately apply for anticipatory bail in the high court , you will be granted it from there only once sessons court had rejected twice .
 
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Advocate/ nadeemqureshi1@gmail.com

contact a lawyer who is expert in family matters, and apply for AB before HC with all your defense documents. it will be grant.
 
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Advocate

If your AB application was rejected in the District court, at the first instance itself you could have approached the high court seeking the said relief, even now you can knock the doors of high court for relief and once granted get it executed in the trial court accordingly.
 
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junior manager

is there any effect on the case if we are under cover for long time,as it was already 2 months times has been passed since the FIR has lodged.we can file any  complaint against ci as he has not conducted any counselling and had filed false compliant against us and had written blunders in the chargesheet by taking bribes from my wife and their parents. CI had violated all rules.

 
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Scientist/Engineer

There is misconception even among some lawyers here that Section 498A is an anti-dowry provision.

Under Section 498A IPC instant arrest and humiliation of not only the husband but also his female relatives is the threat much more than any eventual conviction

Even the parlimentary committee set up for review of 498A has almost given full support to the Section.One member who gave a dissenting note was more vociferous in supporting the provision. One women's organisation has deposed that only 10% of the complaints have been proven to be false. This is a half-truth because in India most cases end inconclusive either due to benefit of doubt or out of court settlements.

Happily only yesterday the Supreme Court has come out against the police for actions under 498A

A bench of Justices C K Prasad and P C Ghose have described 498A arrests a humiliating experience apart from curtailing the freedom. It is also significant that  the bench said "police have not shed their colonial hangover despite six decades of independence and were still considered as a tool of harassment, oppression, and surely not a friend of public".

The above indictment should have a salutory effect on the police.

The court has directed the state governments to instruct police "not to automatically arrest when a case under Section 498A of IPC is registered but to satisfy themselves about the necessity for arrest under the 9 point parameters (check list) provided under Section 41 of criminal procedure code".

 
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