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Bharat Sharma (engineer)     25 April 2013

Fir under 498a, 3/4, 504, 376/511, 328

Dear members,

My wife has filed the FIR against me and my family under sec 498A, 3/4, 504,

Sec 376/511-----attempt to rape on my father---- incident of 1 yr back.

Sec 328----- attempt to murder on me and my mother ----- incident of 4 yr back.

They are able to file a so perfect and a so professional FIR because my Father in Law is a policemen ASI in Ghaziabad police.

The case is in Ghaziabad court, U.P. We are on intrim bail till 30apr2013.

The mediation has failed.

During the initial inquiry by I/O, the section 376/511 & sec 328 attempt to rape & attempt to murder was removed in police report. But before filing chargesheet in court by police my FIL approached S.P of Ghaziabad police and they ordered the re- inquiry.

The problem now is chargesheet is delayed.


We cannot even chalange the FIR without chargesheet.

Dear members....... Please let us know what option do we have to get the bail during the pendency of Chargesheet??

What option do we have if we approach High court of Allahabad for the bail?


 10 Replies

Rahul Kapoor (Legal Enthusiast)     25 April 2013


have you applied for stay order on arrest before in high court ?

Kundan Kr. Singh (Advocate)     25 April 2013

Go to high court.I am agree with Mr.Kapoor.

Bharat Sharma (engineer)     25 April 2013

AT the time of FIR we have applied for arrest stay but Allahabad high court gave us Interim Bail + 3 months mediation time.

The Mediation has failed & the interim bail will be expiring on 30 April.

Even the Charge sheet is delayed by my FIL who is policemen. The problem is Sec 376/511 & Sec 328. If these sections are present in FIR then getting the Bail is very-very difficult.

Even without charge sheet we cannot go to high court.

Police enquiry have removed the charges of Sec 376/511 & 328 but the FIL have got sources & has delayed the Chargesheet.

Is there any way to get the bail during the pendency of Chargesheet.

Case is in Ghaziabad Court, U.P

advocate praveen (prop.)     25 April 2013

Dear Sharma,

There is no provision of anticipatory bail in U.P. but you can file another petition for stay order from arrest.  However, you have to file the petition / application under Hindu Marriage act, for conjugal right and others with the help of local lawyer.  You also did not disclose the reason of failuer of mediation may be some other way come out for your help.

feel free to contact


Bharat Sharma (engineer)     25 April 2013


Dear Sir,

There is no Medical Report. She ran away from my home on 3/11/2011. After that I tried many times to bring her back to save my marriage, then after 1 year I filed for the Divorce.

Then she has filed FIR under 498A, 3/4, 504, on 5/12/2012

sec ------376/511  -----Attempt to rape on my Father    ----------incident dated 3/11/2011 (1 year back & no Medical report)

sec--------328 -----Attempt to murder on me & my mother--------incident dated 4/5/2009 ( 4 year back)


During initial investigation by I/O the sections 376/511 & section 328 are removed from the Police report but before the chargesheet reaches the Court her Policemen father used his sources & stopped the Chargesheet for Re-Investigation.


The Mediation failed because during mediation she was admant on buying a Flat from me in Ghaziabad (at her parents place only). They just wanted the extorsion and said either buy a flat for the wife otherwise face the legal consequenses.

Their main motto is to see us in the Jail atleast for sometime.

Is there any chance of getting the Bail without going to Jail??

Kindly Advise......

Sandy12345 (none)     25 April 2013

Go for another petetion for stay order from arrest in highcourt...A good lawyer can do it  for you stating the reason of re-inquiry/further inquiry....that is possible.

@Parveen is rite...There is no provision of anticipatory bail in UP...U can't file RCR as divorce petetion is pending.

On what grounds you have filled for divorce?

What is the age of your father/mother?? is they are in good health??? 

Section 376/511 & 328 shows the mentality of you FIL & lovely wife. Allegation made by somebody is very easy, but one has to prove that as well in court. as you said their is no proof plus time factor also favour you.


It does't mean that you all will be hanged, provided you have not done anything wrong. So be patient

Police can't impose false section like 376/511 without any proof. 

Their main motto is to see us in the Jail atleast for sometime

If she is admant to do so, then you have very less chances left specially in UP. & they also know that if you go to jail for some days, they will not get any money out from you.


Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 April 2013

I agree with Sandy

and dont forget that the main object of the bail is secure the persence of the accused before the court and nothing more, so court know very well about your activities and conduct as you are on interim bail, the magistrate have right to extend your interim bail or grant your regular bail.

Naveen Kumar Shelar (Advocate & Legal Consultant)     25 April 2013

Dear Mr. Sharma,

First and formost I would like to suggest you that 

It would be very difficult to  prove

376 after 1 yrs.

ttempt to murder after 4 yrs.

Please also note there is no perfection and professionalism in crime/criminal intend, so dont worry about it, if you will carely analyze the FIR your will find the way to get out of it. I would suggest why dont you take as a offensive tool against them that the your FIL taking undue advantages of your post.


Order of re investigation doesnt meant the said charges would come again in chargesheet, why you are so apprehended.


Approching to Hon'ble High Court for Bail, may be a good option, if you could take out contrary to FIR.


the best possible advice be given after seen the contents of FIR





Naveen Kr. Shelar



Bharat Sharma (engineer)     26 April 2013

Dear sir,

thanks for your valuable suggestions.

Today my mother got the regular bail.

Our lawyer is doing his best to get us bail & has suggested to get us bail one by one.  Our lawyer is taking this FIR & all the dirty activities of my In-Laws as a personnel chalange. 

Everybody knows that the harassment is till we get the regular bail & also my In Laws knows it very well-------- so they are trying all their best stunts to harass us......everybody knows ones the case is out of the hands of Police / police station & the case reaches the court ------------then the drama / stunts of In-Laws are useless.

Thanks again all members for your support & advise.......... we are kept our fingures crossed for getting the regular bail for rest two of us.


Attached is the FIR, you can have a look...........now a days the Girls & girls parents doesnt want a loving husband, these people wants a money making tree. In DV+Maintenance case she wants 1Lakh per months from my salary & 25lakhs for her mental harassment    ..........-----------

From this FIR & from her DV case it seems that the girl & her family seems to be mentally sick.

srk (Service)     07 May 2013


Hi Bharat,

i was in you position once, not long ago, like a year ago. but i am over it now, i used to very tensed all the time, as Mr. Sandy had said no matter how perfect they frame the charges, they cant prove something that is false, read the all the complaints as many times as possible to understand better and there will be some contradictions from oen to another, as per the 498a case you will have to go through the initial harrasment until the bail is granted, once the bail is granted the real patience game starts. Try to get exemption for your family coz of health reasons, i got the same for my parents so they dont need to attend the court for DV but still they have to attend court for the 498a trail which is not in next few years, by then my 498a wife will compramise, even if she doesn't i can still prove that the case was false.

so the dynamics change every day, first thing first get the bail and patiently wait, they will initiate the mediation for sure, they cant let there girl get old without a husband and kids. the older she is its harder for her parents to find a match to her. so follow the instructions of your attorney, be alert, be patient and keep researching for new developments.

my wife was also asked for compensation of 2.4 Crores and 2 lack maintenance, i m not even giving her penny. 

All the best brother, dont lose hope, protect you family at any cost.



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