• Bail in false 328, 498A and 3/4 case in Uttar Pradesh

I have been framed by my father in law that I have demanded 10 lac from my wife in between March to June 2018. He also alleged that we were giving her toxic injections and on 21st June they found her near by her house in half-dead stage. According to FIR, she was at my home from March to June. They also sent the vomit sample of her in by mixing something in it or God knows how they have done it. Which reports states that sample had something poisonous in it but not deadly.
But, the truth is she was at her home from March. We haven’t given her anything. Also, I haven’t demanded dowry of 10 lac. I live in Pune while she is in Saharanpur UP. My parents live in Deoband UP.
Now the real scenario is that she was at her home, can be tracked by her phone locations, msgs she sent me on what’s app asking me to take her to my home or with me in Pune. Secondly, I have the msgs where she told me either bring her with me or else she will file a false complaint against me and my family. Also, I have the conversation from last one year where she and her parents thrashed me and my family. 
The question is why police hasn’t taken the blood sample? Why the detailed medical report is not there if they are saying she was injected with toxic drugs from last three months? Why police is not ready to go for CD-R reports as it can crack the false case easily? I also have video footage and my biometric attendance in Pune office for the said crime date and nearby dates. My father was in his school as it was international yoga day till evening. My mother was at home. Everyone is witness to the same at my village that she wasn’t there. Still the police is asking for compromise and forcing us to take her along with us. Please suggest whom to approach.
Steps taken by us,
1. My parents got the stay on their arrest while I have been asked to get bail from court within 30 days.
2. I have requested for detailed CDR reports for my parents, her parents, her and mine numbers.
3. The has been requested separately by my uncle from a different police station.
4. I haven’t applied for bail as lawyer said If court will say that they will hear the plea in one or two day I have to be in custody till I will get bail. Also, in any case it will take at least 2 days to get bail.

Please suggest what to do?
Asked 4 years ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

11 Answers

You should apply for and obtain bail

2) mention that in the relevant dates mentioned in FIR you were in office

3) rely upon your office attendant reports

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Not necessary that you shall spend one day in custody for getting bail

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

hello

you must have filed a writ petition in the Allahabad HC for a stay of arrest. a petition for quashing of the FIR must also be filed and if the charge sheet has been filed then an application for quashing of the charge sheet as you have a solid alibi and your wife was also not present in your village.

the court must have given you 30 days time to seek bail from the district court as per the judgment of LAL KAMLENDRA.

after the judgment of the SC in 2017, police will not arrest you and it will send a notice to you and in case you don't cooperate, then only it will proceed further. district level committees will be seeing to it that the case is resolved.

it is not true that you will be in jail until the bail is granted.

the laws in UP are different. don't be misled.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1. First you obtain bail by surrendering yourself before the magistrate court because there is no provision for anticipatory bail in UP state.

All those points what you have mentioned may be taken up during trial proceedings and not at this stage.

2. You can procure them if you can and secure it.

4. You are right that it may take at least two days to get enlarged on bail.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

but do I really need to spend one day in judicial or police custody for getting bail?

Once you surrender before court, you will be remanded to judicial custody and not police custody.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1. You have been directed to obtain regular bail from the trial court. So do this first.

2. The service provider will not furnish any details unless there is a court order directing him to do so.

3. Your lawyer is wrong in saying that you have to be in jail till the time the court below hears your bail application. If you have been given 30 days to obtain bail then unless your bail application is dismissed you cannot be remanded to judicial custody.

4. If police eventually does not take the blood sample and do a fair investigation then you may file a petition in the High Court with a prayer to order free, fair and speedy investigation.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

No need to go for the compromise, as they will only try to exploit you, you being the needy a this stage.

You must have requested the Court to give you protection in terms of judgement rendered by the Hon'ble Apex Court in the case of Lal Kamlendra vs. State of UP so that your bail appplication was considered on the same day.

Try moving an application again before the High Court to get same day bail application in terms of the Lal Kamlendra case.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

You will be granted the same day bail, you will first have to surrender before the court and then give surety and you will then get the bail. that is the procedure in Uttar Prades h

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Also you may go to the SC against the order of the HC wherein your arrest stay and the petition for quashing of the FIR has been rejected.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Regular bail will file when police will arrest and present you in court.

One day custody cannot be discarded as routine procedure.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi,

it is not clear that whether, you applied for arrest stay or not? Was the direction from your application? Anyway, it is suggested that you apply for bail for all the proof and you may get relief too.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer