IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


Bail procedure for nri 498a

I am not indian Citizen. Currently i am looking forward to apply for Bail in 498a and 406 case. My parents got Bail in HC. 

What is the procedure for me to apply? 

Possibilities of getting Bail? My lawyer is telling me i wont get Bail at all. Is that true?

He is also telling me police will make you forcibly live with me. 

FIR Lodged Investigation is still pending? 

I dont mind going back to india and live there? As i am already citizen here. 


 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 September 2013

Dear Querist

there is no other rules for NRI or citizen of India, all are same in indian court. the bail is matter of discretion of court & matter or facts. if the lawyer satisfied the court over the three point the court may grant the bail. the three point are below

1. there is no apprehension to flee from the court(accused)

2. There is no apprehension to use force to break the witnesses or threaten the witnesses.

3. There is no apprehension to destroy the evidence.


Feel Free to Call 

srk (Service)     04 September 2013

You have to visit the court in order to get the bail, you might be granted bail but might not be able to return to your country soon, you may have pay a surety amount in the court if you want to return to your country and work, and need to go back for the hearings. Think twice before you land in India, you will be a ATM for Cops and Lawyers, who only calculate your earning in dollars. This is what I have learnt from my experience, if you are lucky you might be treated fairly but generally this is what happens. you havent published your case details, you will only get suggestions if they know what exactly the issue is.

All the best My Friend

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 September 2013

There is no such thing that you won't get bail.


In fact, you may also get Anticipatory Bail maybe with higher surety amount.


It depends on the allegations levelled on you and the contents of the FIR.



Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

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

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads


Post a Suggestion for LCI Team
Post a Legal Query