Going for bail finally(need support)

sorry for so many typing mistakes...I just press the submit button before doing final editing :(

Shalini...

Below advise based on my learning experience which experts can contradict if any...

Getting bail depends on how serious are the allegations (under what crpc sections filed) in the FIR and what material evidences are available/recorded at the time of bail/anticipatory bail against each accused.

1)Once an FIR is filed by police on any case, they start maintaining a book of record (called Case Diary) of all investigations carried out, materials recovered in support/against the charges (part1 case diary) and witness statements(part2 case diary). After some period of time(days/months/years) they conclude that material is sufficient to frame charge or discharge the case they

---> prepare and file Chargesheet to court for trial(if sufficient evidence to charge the accused) or else

---> Final Report saying false case and closed for reason 'mistake of fact' and prosecute the complainant under 182/211. Because of corruption and extortion practices we rarely hear police submitting Final Report unless accused is a celebrity/popular in media so they are afraid of being questioned publicly for their misuse of power!

>>> If your case is in FIR stage also, Your lawyer can immediately move a petition to get certified copies of FIR and Case Diary which would help in countering the allegations and file for bail for everyone. Normally Case Diary part2 is given to accused and Magistrate only can call in for Part1 for review of seriousness of charge (during investigation stage) and  material available at that moment of time and decide on granting bail.

2&3) i am not sure which all opposition lawyers will be there (or only govt lawyer) but be sure even opposition party knows when you move for the bail application:)....i presume your query is on 498a and other related cases...so can tell that everyone from judge, police, both side lawyers know there is no strength in mere false allegations unless there is any material evidence when you are moving bail...and all bail applications will be cleared without any issues! Anyone other than A1 (main accused) bail is granted.

4) i don;t know about any location but my understanding - chances should be nil! bail should be granted to all except for A1 unless there are serious charges and material evidence on anyone else.

5) if bail application s moved for your sister - it should also be granted.

6) stay away from your regular residence during the time you move the bail application and until you hear from your lawyer that bail is granted.

> first make the lawyer get the certified copy of FIR and case diary and do participate with your lawyer in reviewing and filing the proper bail petition. If charges are not severe and no valid grounds then even A1 should get bail.

> if A1 bail is rejected in lower court, move to high court. it should be granted given the charges/material in case diary. One you move bail there will be every attempt by corrupt officials to get A1 to custody for their extortion business! Pass this test and then plan to take on opposition with all your might! If you have good evidences against them, make them pay in their own way:)

All the best.

under what section FIR is filed?

thanks Raj for your efforts replying in details. Please let me know a few more questions below

1. we already have the certified copy of FIR but not the case diary. How my lawyer can get the case diary. He is trying to get it through moving the bail application for my mom first.

2. You said if bail is rejected in the lower court  which is supposed to be the case in Meerut generally, we should move to HC. But our lawyer is saying that he will move to session court. What is the best HC or the session court after the lower court rejection?

@Rajeev thanks for asking the FIR details. I am not clear about what section or do you mean teh allegation in the FIR? It is as below

section 498A, 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act

We have many proofs like the confesstion letter of girl's adultery, teh mobile details, etc. But all the system in Meerut ( UP) seems to be too biased.

Thanks

Shalini

Hi Raj, two more questions below

1. What do you mean by part1 case dairy and part2 case diary

2. you suggested "stay away from your regular residence during the time you move the bail application and until you hear from your lawyer that bail is granted."

But I know by our lawyer and through this forum that the main accused has to surrender before getting the bail. If it happens that there is a delay in bail grant then he will be in police custudy. Please clear this point to me.

Thanks

shalini,,

as per law, opposite party's lawyer is not allowed to say anything in bail application, infact, if judge is intelligent, he will even not  allowe him to enter in court room. your lawyer will strongly and laudly oppose if opposite lawyer came and try to say anything.. 

as your lawyers told that opposite will not know for first 3 bails,,, i dont think,, because, police will surely tell then that you moved bail and it listed for monday..etc..

when the FIR is logded long back( i presume) , since police didnt not arest any of accoused during investigation..  this is a good argument for grant of bail.

if police filed chargsheet.. this is very veru ground for bail as per SC order,

it is not true that the opposite party would not know about the bail applications. As when a bail application is filed the IO is asked to file his objections and the other party is always in touch with IO so they present on the bail day with their lawyer and there lawyer would definately oppose. Bail is generally granted to family members but yes I understand your state of mind as its a tough situation.

hope you have arranged two sureties along with the the surety.

in case of bail rejection you need to move sessions court HC alternative will be available if rejected at Sessions court. it is unlikely that bail would be rejected for the family members.

the other party would object the bail that do happens as this is the last option they have as once bailed out you would not be under pressure. they know that this is the option you have to seek bail so they will be keeping a tab. there lawyer can speek before the magistrate to object.

hope you have procured two surety bonds for each person to be bailed out.

ideally family members wont face any issue and will be bailed out. 

good luck

1. No it's not hard to get the case diary and you dont have to get it, case diary is a day to day record of progress in investigation this is composed of two parts first part are the notings of the IO the second statements recorded  you are entitled to have the 2nd but not the first part until trial. Case diary is the main input that the judge has while deciding bail applications.

2.  Opposite party does not have a locus standi to oppose your bail applications, but they would be there, press upon the court not to let them speak.

3.  IO would inform the complainant as to all bail applications.

4.  Less chance in view of latest trend of bail not jail as the guiding philosphy.

5.  Depends on the role attributed to them in the FIR but it's very unlikely.

Answers to your next set of questions :-

1. What do you mean by part1 case dairy and part2 case diary - as explained.

2. presence of main accused is required at the time of final disposal, get the accused to appear only when the judge gives interim protection.

Shalini..

> part2 is mainly the witness statements the complainant has presented so far. You can get it same way as you got FIR certifiedcopy..

> adv Bharaj guided rightly on presence of main accused....its required only during final disposal to be present in court..not required to surrender to police. Very intention of false 498a is extortion! and only window they get to torture is before bail granted. Bail application to disposal should not take more than 2-3 workdays..so just before moving application just go take your family on a nice holiday trip somewhere or holy places or stay with some relatives no need to inform lawyer also of the address...just stay in touch on the status of application and when granted be there at court!

i donot understand why each accused application is moved seperately..if the allegations are not serious and you know they are false...better move 2 applications on same day - 1 for A1 and another single applicatio for A2,A3...everyone else. If your lawyers senses any strengh in moving each app seperately then go holidaying from 1st application!

@adv Bharat ji,

Need some more advice...As you mentioned part1 is not entitled until trial? Does it mean can accused should be given certified part1 also after chargesheet is filed before 1st trial date starts? what to do if part1 is not given when we apply at lower court?

1)should we file some petition in session court or high court or

2)RTI to get details of invetigation carried out by IO before finalizing chargesheet?

3)can we file any writ in high court to stay the trial start before certified casediary part 1 info of all details of investigation and evidence details collected by IO are provided to accused to defend?

Thanks

Raj

@Rahul, thanks for your reply. The FIR is more than three month old but police can not arrest as
we have the stay on arrest from HC till 18th July

@Adv Bharat and Raj,

I am still confused for one thing below

According to your reply. The main accused need not to surrender before moving the bail application?.
My brother told me today the procedure that our parent will surrender tomorrow ( Monday) and then only bail application will be moved.
Is it the different procedure for My brother ( main accused) ? Is that what you mean? Seems like, I am not very clear about the procedure of bail for main accused.
Also our lawyer didn’t mention this thing to us.

@Raj, right not our lawyer is moving first bail application for my parents and assume if the case diary is not ready then it might take a day or two

so then he will the bail application for my sister accordingly . My sister is married and has a baby so he does not want to move her application with my parent.

My brother is already on in the interim bail till 18rd July (from HC) so in that case also he has to be underground for safer side?

Thanks in advance,

Hi All,

Our lawyer moved the surrender application in the court for my parent (mom and dad together). The case diary seems to be available on 13th that means on Friday.  I again come up with a few more questions below

1.       What if the case diary does not come even on Friday?.

2.        I thought my parents will be in custody at the time of moving the surrender application. Please guide me all the steps of bail for co-accused as well for accused.

3.       We are interim bail till 23^rd July and the same day bail hearing order has given the time till 18^th July. What if we are not ready till 18^th of July.  Do we need to go to HC for extending the interim bail or do we need to get one more “same day bail hearing order”. (Though our lawyer is saying that it will not happen. He is supporting a lot but today it didn’t happened as we thought. )

4.       There is strike in Meerut for two days. What if that strike will be extended more. Will it effect on the bail grant procedure?

Thanks in advance. I need the  reply urgently as to plan ahead for these two weeks.

 Shalini

New problem while bail...

tonight the IO called my father and shouted saying that "I asked you to submit the map of the place where my brother was living with his wife" After than he kept the phone down....We discussed among self and guessing the following

1. Since the map of the place is submitted by the people who lodge the fir so it is just to harass us. He might need more money from us ( he has already taken ten thousand to take my sister's name out of the report which he didn't do) as he knows after the bail, he will not get a penny...

2. He might really need the map of my brother's house. Actually we have sold that house immediately after we filled the divorce as suggested by our divorce lawer.

What else could be the reason of his calling us late night around 9:30 pm. Please tell us what to do in the situation and how much power does the IO have at this moment when court has asked him about the case diary and that's why he called us. My father is going to meerut  to meet him by the time you see this post. So please reply quickly so that I can guide my father before meeting to IO.

Thanks

Hi Shalini....

i can sense people are tryng to harass you for your lack of understanding of laws...ask your father not to meet the IO and file written complaint to commissioner on him for harassment.

i am surprise with your statements that your case is only some more than 3months old only and you are talking many times on case diary, bail etc and stay on arrest from HC?

did they arrest your people before already before so you applied for interim bail and stay on arrest? you did not share what all crpc sections is your case??? DID YOU GET THE CERTIFIED COPY OF FIR and CASE DIARY part2 through your lawyer???? check if there is ANY EVIDENCE OR NO EVIDENCE but some fools witness statement only! am some what sure if this is false case then case diary at this time is also dead empty! so relax, read all case documents collected from your lawyer and fight back with right plan!

if there is no evidence at all and you read every allegation is false statement, then check how much you already spent on your case so far! this can give some indication who is cheating you also....

If you were never arrested so far i believe everyone in this country are entitled for anticipatory bail....my earlier response to not surrender was i thought you are applying anticipatory bail.

DO NOT give any house map or anything to IO or any other idi*ts asking for it...if you read your FIR you should know why and how house map is related to your case! IO's responsibility is only to investigate the allegations in FIR and submit investigation report (int he form of case diary which will have details of all investigation he did and witness statement)....

Anticipatory bail application will not wait for IO to take his own sweet time to prepare his case diary....once application is moved, court will ask for case diary to check how serious evidences are then AT THAT TIME of application and decide AB or bail.

If your case is false, you can clearly know people tryto extort by threatening ignorant people. Have patience...ignore any threat by anyone. There are many self help groups who fight false cases, take their help if IO or anyone harassing further.

All the best.