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498_final stage (Professional)     01 August 2013

Is 406 = 498a? do we need to ask for another bail from court

I am trapped under false 498a which I am fighting. Domestic Violence case is going on from Kanpur and now I am expecting 406 as well, which most likely will be filed from Kanpur. Can you tell me if 406 has equal intensity as 498a has???

I mean would I have to again ask for bail from the court under 406?

Please advice.



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 5 Replies

498A__misused (Sec)     01 August 2013

I guess yes but can u explain your story more in depth ..

i have seen cases where guy will put in custody where istridhan is not recovered means 406 once recovery is done bail is granted .........but generally 406 and 498a will come under one complaint ..not two different complaints..

498_final stage (Professional)     01 August 2013

The story is that they did as usual say that we snatched away all her stuff even when that woman and I were living separately in Gurgaon. Howerver, in the chargesheet they have not kept it as a Crpc/ipc. So I have 498a, 304,506 etc but not 406.

Does that answer your question?

Adv Archana Deshmukh (Practicing Advocate)     01 August 2013

406 IPC is bailable offence, you will have to again furnish bail.

adv.raghavan (Advocate,9444674980)     01 August 2013

 yes if they have  booked under 406 then u have to seek bail it has less intensity when compared to 498A..

498_final stage (Professional)     13 August 2015

Hello Sir.... now finally 406 is filed after 2.5 years of filing 498a as I suspected. Me, my sister and mother were named. We movied to the High Court and the decision is yet to come.

But lawyer told me that Sister and mother got stay from the case and I will have to seek the bail from Kanpur itself.

While speaking with my local lawyer in Kanpur, he said that lower court judges are rejecting bail under 406IPC.

Now my concern is... on what grounds judge will refuse the bail when there is no substance in the case? Its a complaint case where Police rejected the case and the opposite party moved the case to the court.

Kindly suggest!

 

 

 


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