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sufferer   15 January 2015

Falsely framed with 304b & 498a. immediate suggestions, pl.

Hello,


A friend of mine is suffering for the last 3 months. He and his family has been accused with a false case. Some details and current status of the case:

1. Friend is MBA, comes from a Upper Middle class family (of four) working with a reputed FMCG and has been staying from ancestral home for the last 7 years. Father is very reputed Social activist, mother an educated housewife and younger into his own business. Friend got married to a girl, who belongs to a lower middle class family. It was an arrange marriage, which was done without any single paisa of dowry as the girl's father is hardly making enough money to make ends meet, Friend's family liked the daughter without bothering for the financial condition of the girl's family.

2. Got Married in March-14. Husband/wife both were living happily in Delhi. They both returned home for Dussehra for few days, husband went back to Delhi few days. Wife stayed back to go back with him, when he comes back for Diwali. But on a doomed day, she committed suicide.

3. PM report says it's suicide. And the boy's family is innocent. Father-in-law despite knowing their innocent framed dowry charges (498a/304b). FIR was filled 3 days after death. Friend's family was their for last rituals and everything, as they were not expecting false charge. Wife was going through depression because of her own family's financial condition and most probably has committed suicide after a fight with her mother on phone.

4. Evidences in hand: PM report. Social media photographs, comments from girl's family members and her own social media presence where she had been happily living with her husband. Telephonic recording of father-in-law where he has clearly admitted that he knows boy's family has not asked for dowry, etc.


Current status: Father, Mother and Brother got out on anticipatory bail in 2 months. Husband's AB was rejected at lower Court. Suggestions are please needed, whether to go to High Court and ask for AB or should he surrender before lower Court and then ask for regular Bail. Husband's future may go dark if he has to go to jail, but he is ready in case if there's no other option left as he and his family is convinced they will eventually win the case on merits as they're innocent.

Also, if AB is not granted at HC, do the chances of surrendering and getting regular bail from lower court goes weak? Please suggest urgently. Matter is of West Bengal.


Thank you in advance!



Learning

 2 Replies


(Guest)

Very unfortunate case.  Dont worry about job etc.  Going to HC for AB is waste of time.  Surrender.  Go for regular bail would be my suggestion.

sufferer   15 January 2015

Originally posted by : Helping Hand !

Very unfortunate case.  Dont worry about job etc.  Going to HC for AB is waste of time.  Surrender.  Go for regular bail would be my suggestion.

Thank you for the response. How many days do you expect to get regular bail after surrender? I understand there is no concrete time frame, still what is to be expected and what're the chances? Also, kindly suggest if the surrender should be done at Court or with Police?


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