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harsh pratap singh (sseef)     15 June 2012

Regular bail!

Dear Experts,

My whole family is accused in false 498a under 3/4 DP Act.  here i would like to mention that it is a complaint case under 156(3) and not a FIR, neither there is any injury report moreover the case is filed by my FIL and not my wife. Bailable warrants were issued against me and my family.

Thereafter i filed a petition for quashing of case in Allahabad HC. finally names of rest of my family except me was quashed from the case. Subsequently, i applied a petition for same day bail in HC, which was also granted giving citation of Smt Amravati and another Vs State of UP 2005 Cr.L.J 755 and lal kamlendra pratap singh Vs state of UP 2009.

Then i applied for regular bail in lower court, where the case of 498a and 3/4DP act was filed by my FIL. To my surprise the CJM rejected my bail application, then i applied for bail in Session court.  Here i got a shock when the judge said since he is the husband let him be in jail for next one week.  Only after much persuation that i being a Govt servant he agreed to give interim bail and fixed another day for hearing.

My question is:

a) why did CJM rejected my bail application?

b) why did Session judge rejected my regular bail application, when already i have the order from Allahabad HC for same day bail?

c) What should i expect on the next day of hearing? Will i be sent to jail for something which i have not done.

d) Should i change my lawyer?

e) Any suggestions/advices are welcome.



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 June 2012

 

Dear Querist, 

 

a) Hard to tell without going through the exact circumstances against you - The Complaint/Examination of witnesses etc, and most importantly the CJM order. 

 

b)  Same as (a) 

 

c)  Depends on the gravity of allegations against you.

ravindra (Analyst)     15 June 2012

Dear Harsh

CJM has rejected ur bail may be due to non return of stridhan. Once u submit stridhan to policestation u will get bail.

thnks

Ravindra Sonavane

harsh pratap singh (sseef)     16 June 2012

dont know but that was the worst day of my life.

In Allahabad HC i was told i would get the bail immediately once I show the same day bail order but it didnt happen that way.


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