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sufferer   18 January 2015

Urgent - filled with false 304b/498a/120. help needed!

Hello,


A friend of mine is suffering for the last 3 months. He and his family has been accused with a false case. Some details and current status of the case:

1. Friend is MBA, comes from a Upper Middle class family (of four) working with a reputed FMCG and has been staying from ancestral home for the last 7 years. Father is very reputed Social activist, mother an educated housewife and younger into his own business. Friend got married to a girl, who belongs to a lower middle class family. It was an arrange marriage, which was done without any single paisa of dowry as the girl's father is hardly making enough money to make ends meet, Friend's family liked the daughter without bothering for the financial condition of the girl's family.

2. Got Married in March-14. Husband/wife both were living happily in Delhi. They both returned home for Dussehra for few days, husband went back to Delhi few days. Wife stayed back to go back with him, when he comes back for Diwali. But on a doomed day, she committed suicide.

3. PM report says it's suicide. And the boy's family is innocent. Father-in-law despite knowing their innocent framed dowry charges (498a/304b). FIR was filled 3 days after death. Friend's family was their for last rituals and everything, as they were not expecting false charge. Wife was going through depression because of her own family's financial condition and most probably has committed suicide after a fight with her mother on phone.

4. Evidences in hand: PM report. Social media photographs, comments from girl's family members and her own social media presence where she had been happily living with her husband. Telephonic recording of father-in-law where he has clearly admitted that he knows boy's family has not asked for dowry, etc.


Current status: Father, Mother and Brother got out on anticipatory bail in 2 months. Husband's AB was rejected at lower Court. Suggestions are please needed, whether to go to High Court and ask for AB or should he surrender before lower Court and then ask for regular Bail. Husband's future may go dark if he has to go to jail, but he is ready in case if there's no other option left as he and his family is convinced they will eventually win the case on merits as they're innocent.

Also, if AB is not granted at HC, do the chances of surrendering and getting regular bail from lower court goes weak? Please suggest urgently. Matter is of West Bengal.


Thank you in advance!



Learning

 3 Replies


(Guest)

Hi,

In my case, i tried every best possible way to avoid surrender before the court but went in vain,my all AB application were rejected. i suggest your friend to be strong and present early in the morning but before that consult with best lawyer of your area if he can do something or get ready to be presented. i know it will be tough choice but how long will you be absconding.Police will be after you as long as you surrender.so my advice is make you mind and prepare for the worst sometime we have to make tough decisions like this. you may get immediate bail too.

sufferer   21 January 2015

Thanks for the reply, Mr. Rishi.

did you file AB in the High Court as well? Also how long did it take for you to get a regular bail?

I'd need some expert advice as well on the matter.

Originally posted by : Rishi Mishra


Hi,

In my case, i tried every best possible way to avoid surrender before the court but went in vain,my all AB application were rejected. i suggest your friend to be strong and present early in the morning but before that consult with best lawyer of your area if he can do something or get ready to be presented. i know it will be tough choice but how long will you be absconding.Police will be after you as long as you surrender.so my advice is make you mind and prepare for the worst sometime we have to make tough decisions like this. you may get immediate bail too.

498avictimaustralia (Student)     22 January 2015

Try for AB  at least at High Court before surrender. It may take a week or two, but give a try. Draft the AB petition well along with your lawyer. Good Luck. 


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