• Anticipatory Bail

Sir, My wife file case against me,and my parents u/s 498a,376,511,406,34 and 3/4.It is totally a false case .My father is a retired govt servant ,a senior citizen aged 68 yr.He is a very respectable person in our locality .
 And the day when the incident of so called" physical harassment " occurred I was absent . It totally a false case .

Now my parents get immediately arrested by local police and after 26 days of imprisonment they got the bail from HC.

My lawyear apple for my AB before the HC of Calcutta. But due to the negligenchy of my lawyers the HC has rejected my appeal for AB.

I am a Govt Employee .

Now what shall I do now.
Asked 7 years ago in Criminal Law
Religion: Hindu

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4 Answers

1) you have not mentioned reasons for rejection of your AB by HC

2) you should file appeal against order of HC rejecting your AB application before SC

Ajay Sethi
Advocate, Mumbai
95203 Answers
7607 Consultations

5.0 on 5.0

Hi, I Can't understand how the offence under section 376 IPC has inserted, in complaint against whom the allegation of rape has been made, you being a husband she can't make such allegation against you.

2. Now, if the High Court has rejected the Bail petition you have no other options either surrender before the Court or to file a SLP in the Supreme Court.

3. From my experience normally bail will be granted by the Court, but here allegation of rape is there so that is the reason the court has reject your bail application.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

1. It is strange that your father was arrested against 498A complaint of your wife.

2. As per Supreme Court directive, police will not make any arrest without conducting an investigation about the complaint for which you will be called by the police for deposition.

3. Were you not called/informed by the police about the FIR lodged against all of you?

4. It is always prudent to apply for AB before the lower Court because if you fail in obtaining AB, you can approach High Court.

5. You should not approach Supreme Court for getting the AB.

6. You can not afford to risk surrender bail since if by chance the surrender bail is refused for whatsoever reason, you shall be taken and kept behind the bars for a period of more than 48 hours for which you shall be suspended from your Govt. Service and kept under suspension till the case is disposed of.

7. Engage a serious and sincere lawyer while seeking your AB before the Supreme Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

It is not clear on what basis do you say that there was negligence on the part of your lawyers. Be that as it may, you have to move the Supreme Court through SLP if the bail petition has been rejected by the HC. Consult a lawyer personally with a copy of the HC order.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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