498 case:is jail inevitable?

I think you are mistaken on one fact that there is no FIR/Chargesheet till date. Unless FIR would have been registered than there cannot be NBW issued by any court. There would be a FIR basis which you would have approached the allahabad High court.

Sanjeev,

This is a complaint case & no FIR os charge sheet made. The CJM took cognizance & may have issued summons but in UP the summons servings can be manipulated. After 3 summons the court issued BWs but again they didnot reach the victim. Only when the NBWs were issued, were they allowed to reach.....

Can you please advise on the queries....

1. It is not necessary that the Sureties need to be from UP. You would need 2 sureties per person with a proper identity proof and financial standing document which ordinarily is approx 50k per person applying bail so 25K per surety. It can be anything like Car RC or Bank FD origin al receipt.

2. Initially you will need to apply for bail once granted exemption from personal appearence can be later applied for for the family members (Co- accused) it would not be possible to get exemption for the main accused (Husband)

3. These days Allahabad HC is generally disposing such cases on the same day stating that writ court is not competent to Quash the case so at most it just pass a order for granting of Interim bail on the date of appearence and deciding the final bail application within 3 weeks after getting the report from Investigating officer. It would be difficult to hold the case in HC normally so trial is inevitable unless there is scope for mutual settlement. If there is scope you can ask in HC on date of listing to order for local mediation.

4. The case cant be contested at HC the trial happens only at lower court. You can just delay to some extent by making Quash petition at HC but that would not be a permanent remedy.

The Heading that you made is Arrest inevitable - In UP there is less chances for husband to get bail on same day from the lower court so it is generally granted by sessions court so there are in most cases chances of 1-2 days in judicial custody. Though the co-accused generally get bail from the lower court same day. Though it finally depends on the severity of the charges and you can not avoid the other sides lawyer standing and opposing your bail application. This is the major cause that husbands side is pressurised to pay else no way out but that is how law is mis- used in most cases. The section 498A is such that even if the magistrate knows that the case is false he is unable to grant bail the same day to the Husband (atleast that I have seen in UP) from my experience.

whats the status at HC when you prayed u/s 482 what was the orders passed was it a mediation or what orders did HC pass - granting you relief.

Dear Sanjeev,

Sincere thanks for the advise.

1. On using outside surieties, do the surer need to personally appear. Or his Car Rc /FD will suffice?Wont the local courts verify the surer?? In that case bail cannot be granted on same day. Also is there any provision that some personal bonds (of high amount) can be used instead of guarantors.

2. The co-accused may get bail on same day, but as you correctly mentioned that 498a is misused these days & in case the opposition is influential, then chances of co-accused getting bail on same day is dicy as it is subject to sessions court. HC gives directions like" preferably on same day or expeditiosly" & hence there is no contempt of HC even if the accused doesnot get bail on same day.How to safeguard the arrest of co-accused?

3. The 482 case in HC was referred to mediation center but the order had a flaw as it mentioned that mediation dates to be mentioned to party no 2 only. Hence husband could not attend the mediation & it got failed. However the order was later corrected & the registry was directed to send notices to both the parties. but thereafter there was no direction from mediation. Now HC has asked the mediation to submit their report. The chances are that the HC may again refer the case to mediation, but its very unpredictable.

4. Wife has filed for Divorce u/s 13(1) last year & mediation going on in family court. Husband was threatened with dire consequences if he appears in person. In fact he was even beaten in front of judge by opponents, but since the party is influential , the judge didnot put the incidence on record. Thats the reason husband doesnot want to contest in local/trial court. He wants to contest either in HC or even SC.

The co-accused if they file for quashing separately , will give them some more inetrim stay..i guess...

But if you can suggest on possible ways so that the matter may remain at HC for some mor e time...pls advise..

1. Sureties need to be personally present. No alternative to personal presence. Sureity condition is stated in the bail order so once bail is granted the surety formality can be completed. Your lawyer would check the surety documents beforehand.

2. The HC order just says ' same day hearing' this is to avoid a situation where you appear for bail and magistrate defer the hearing and say he will hear the application tomorrow in that case you will be in custody. There is no contempt as HC dont ask lower court to grant bail but just hear on same day. In present times Allahabad HC would direct the lower court to grant Interim bail and hear the final bail application in 2 weeks time after taking report from IO.

3. Mediation should have been followed up by you the mediation centre number is 0532-2423865 , Mr Vijay Singh is the incharge you can call and ask the status by giving the Case number. In case it is again referred to please correspond directly and get the dates . Petitioners never normally get the dates conveyed and you have to proactively contact them as failure on your side to visit the centre would vacate your stay. Many times cases settle @ Mediation centre as neither you nor ur inlaws would like to drag this case for many many years. Try to get it referred back to mediation it would not be easy as there have been two defaults and judge would see that the case is pending for 2 years and they would feel that this is being used as a means to delay trial. But ask your lawyer to plead that you sincerely want a compromise and he is sure that if given one chance it will swttle amicably at mediation centre. These days they are offering local mediations so Lucknow mediation would not suit you so try last time for Allahabad mediation centre and if you get the chance follow up seriously for the dates.

4.Dont let divorce happen until 498A is pending if you dont appear she may get a ex-party order.

This seems improbable. that beaten in front of Judge and that too in Lucknow.