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Rajesh Anand (Trainee)     05 November 2013

Bail after getting ab in 498a

Hi, My family members and myself received Anticipatory Bail (AB) in 498a case (FIR) filed by my wife. We received this AB after we submitted ample proof documents which proved that all allegations put by my wife are wrong. (Guess it was too early to submit proofs but we still went ahead and submitted proofs and we were lucky to get AB immediately). The honorable court has suggested that we could get bail on executing personal bond of Rs.5,000 /- each with two sureties for a like sum each to satisfaction of the investigation officer. Though we went (along with our sureties) to the Police Station of Investigation Officer (IO), This IO was not ready to consider this AB and process our bail. We approached the IO for full 2 days but he was not interested to process bail. We have ample proofs that he has rejected to process our bail due to financial dealings with the opposite party. Rejection of court order is a Dikkar of Court, so my lawyer is suggesting getting an order from court to directly surrender before court instead of surrendering at this police station of IO. Please clarify my questions are below: 1) What are the positives and negatives of surrendering before court directly (comparative to surrendering in Police Station to IO)? 2) Is there any limited period for bail if I surrender to court directly (instead of surrendering at Police Station)? I would prefer a bail until end of this 498a court case rather than having a limited period bail. 3) My wife has already been through 498a cases on her previous ex-husbands using it to her financial advantages from her Exs. So I do not want my lack of knowledge or any mistakes to be grounds for her advantage. So please suggest any precautions I need to take in the entire process and documentation. 4) What is procedure for quash of this 498a after getting bail and should this petition be filed in high court? 5) In case quash of 498a is a long process, Can I get this 498a case transferred from her native to city of matrimonial home (& my place of work)? I have already got RCR and DVC transferred to city of matrimonial home. Thanks in advance, Good Day! Anand



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 3 Replies

Dr J C Vashista (Advocate)     05 November 2013

1) Nothing negatives rather positive of surrendering before court directly (comparative to surrendering in Police Station to IO)?

2)If you surrender to court directlyit has to be bofore filing of charge sheet in the court.and you should get a bail until end of this 498a court case rather than having a limited period bail.

3) Collect all the evidences where your wife has already been through 498a cases on her previous ex-husbands using it to her financial advantages from her Exs and produce them in her deposition/cross-examination and you should not leave things to your lack of knowledge or any mistakes to be grounds for her advantage.

4) Engage a local lawyer for quashing of this 498a FIR after discharge/acquittal in the case.

5) It is very difficult to get this 498a case transferred from her native to city of matrimonial home (& my place of work) even if it is within the jurisdiction of same district court and next to possible if out of jurisdiction of High Court where present case is pending trial.

For remaining querries contact your lawyer..

Rajesh Anand (Trainee)     09 November 2013

Thanks a lot Dr. Vashista.

Rajesh Anand (Trainee)     09 November 2013

How do I know if chargesheet is filed for this FIR?

Can I apply for quash or transfer of this 498a (to city of matrimonial home) before chargesheet is filed? 


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