• Bail in 138

There is a 138 case filed against me in Jan2017. summons were tried on my old address now bailable warrant is issued which is not still served to me as police are trying it at my old residence.
where shall I approach now court or police station. Taking bail in police station is better or appraoching court is better net date is 3 feb
Asked 1 year ago in Criminal Law from Nashik, Maharashtra
Religion: Hindu

1. Apply to the court to cancel the NBW.

2. You will have to personally appear before the court to get the NBW cancelled.

3. Act fast lest the NBW is executed whereupon you will be remanded to judicial custody.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Hello,

You must approach the court and get the bail accordingly. Since it is a matter under 200 of cr.p.c. therefore police has nothing to do with the case.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Yes it is a bailable warrant, you will easily get a bail. Do not worry.

contact a local lawyer

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Hi

If you are very much aware about the matter or the Court proceedings against you then I would suggest you to file the anticipatory bail in the court and join the proceedings.

Under 138 NI Act you will be granted anticipatory bail and can join the court proceedings and contest the matter.

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

The warrant is issued by court only.

Once it is issued you will have to surrender beofre the court and seek bail form court which is allowed in all circumstances.

Even if you take police bail then also you will have seek regular bail from court on your surrender.

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

1. Why go to police station they will ask so many questions and ask for money and then make you insulted.

2. Better advance the case in Court and surrender before the Court and get bail it is very easy and bail will be granted as it is only bailable warrant. If you take bail in Police Station it is only temporary and again you have to apply and take bail in the Court.

3. You might be knowing that the Court may release you either on Cash Security of Rs.10,000/- to Rs,25,000/- or on production of a surety who is having immovable property in Bengaluru City or a salaried person. As per your convennence you may take bail If your are confused call any any advocate on this panel.

Kishan Dutt Kalaskar
Advocate, Bangalore
4438 Answers
112 Consultations

5.0 on 5.0

You need to appear in the court on the said date. Issuance of bailable warrant is themeans of ensuring present in the Court that you may be arrested however since it is a bailable warrant you will be given bail on the compliance of the bail conditions

Vimlesh Prasad Mishra
Advocate, Lucknow
5511 Answers
18 Consultations

4.9 on 5.0

As it is bailable, even police can release you on bail after executing a bond.

Rajaganapathy Ganesan
Advocate, Chennai
1518 Answers
8 Consultations

4.9 on 5.0

Approach the court and apply for bail

Court would release you on bail

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

Court would release you on bail

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

Dear Concerned

You need to go to the concerned court and seek bail - you will get the bail as soon as you file so need not to worry.

Best of Luck

Atulay Nehra
Advocate, Noida
1204 Answers
47 Consultations

4.7 on 5.0

You need to approach the court of law first with the application of cancellation of bailable warrant with the justified reasons. Then you need to appear before the court to fight against the complaint. Otherwise, next court will issue non-bailable warrant against you.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Appear before the Court on the date next fixed.

Contact a local lawyer to represent you before the Court.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Your better option is court. Aap kisi advocate ko engage kare and same day aapki bail ho jayegi.

Ravinder Mehra
Advocate, Rohtak
12 Answers

4.0 on 5.0

hi,it is a bailable offence ..you can appear in court personally and take bail..all you need is a surety for bail..appear in court by hiring a lawyer of your area

Hemant Chaudhary
Advocate, Gurgaon
4259 Answers
31 Consultations

4.9 on 5.0

The court has issued Bailable warrant against you , as the complainant has given your old address for the service of the summon.

No need to take tension, just appear before the court on the next date of hearing i.e 3 FEB ,with one application for cancelling the BW . The court has to cancel this warrant at any cost.

Better, you try to appear before the court with one surety. If, surety not arranged on that date, you may request the court for giving you one date for arranging Surety.

Good Luck and dont forget to Rating.

Mohammed Shahzad
Advocate, Delhi
511 Answers
18 Consultations

5.0 on 5.0

The answer remains the same even if it is BW. Appear before the court to get it cancelled.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

1. The answer remains the same.

2. Appear before the court to get it cancelled. Bailable warrant means if you appear before the court on the mentioned date, the court will recall the order and cancel the warrants and will not take you in custody . In case you do not appear on the date, the bailable warrant will converted in to non-bailable and in that case you will be remanded. Police cannot cancel the BW.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

It is just a bailable warrant against you.

On the next date of hearing you can appear before the concerned court, get the warrant recalled by filing a petition under section 70(2) cr.p.c. and by complying with the necessary formalities as per the prevailing circumstances.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Sir its a bailable warrant

Yes, you do not have to get bail, you can simply file a petition to recall the warrant as suggested earlier.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Since the warrant is bailable you can get bail in both the places however getting bail in court is more advisable .. also hire a good Advocate who can fight on your behalf in the court.

Neha Rathore
Advocate, Navi Mumbai
2 Answers

4.0 on 5.0

Hi, there. Don't take tension. It is very easy. Appoint one advocate in your vicinity or the advocate who is in know of you. He will take you directly to court, will file an application for Bail. You will get Bail on that day itself. Taking Bail in the Court is better. Don't wait for next date 3rd February. Keep ready one Surety or you can take cash bail also in the court of which you will get the receipt.

Sheetal Pawar
Advocate, Mumbai
21 Answers
1 Consultation

4.0 on 5.0

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