• 498a, DP section 3 and 4 and 506

My in-laws have filed for AB on 17th June 2019 and after hearing the argument from both sides , order will be passed tomo. There are 6 accused so will all the 6 get AB and if they get what are the terms and conditions of bail. PP said atleast three people AB will be rejected. Please let me know
Asked 6 years ago in Family Law
Religion: Hindu

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15 Answers

Depends on the allegations and it's seriousness mentioned in FIR.  Generally all get ABA in the said cases unless there are grave charges 

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

Hello,

Usually the relatives will get the relief and will get the anticipatory bail. The main accused that is your husband and other two people will not get the anticipatory bail.

 The bail conditions usually involve that the other party shall not leave the city without the permission of the court and that the parties shall participate in the investigation .

 Note: The advice has been rendered on the basis of the limited facts as told by you and for a more concrete advice to share the documents 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Please clarify are you one of the accused or complainant??

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

parents  would be granted bail 

 

your husband may not be granted AB from sessions court 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

In appeal  Husband would be granted AB by HC 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Share the documents for a concrete advise 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The fact with not change. 

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

Dear Madam,

How can one answer your question without looking into back ground of the case. Definitely the AB of husband will be rejected. However he get the same in High Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

See for the prime accused such as husband the AB can be rejected, and the court can impose for others condition like not leaving the state and country and further depositing the amount and security. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Okay. You see in criminal jurisprudence, any offence is considered an offence against the State and not the complaint/victim. So the PP represents the State. He/she doesn't represent you, the complainant, in court. 

So you must appoint a watching advocate to represent you and defend your interests. Your watching advocate should advice you whether there are grounds for you to oppose the bail, and will oppose it in court if there are. 

The PP may or may not oppose bail. He's acting only for police, not you. 

I'm prepared to be your counsel.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Not all will get AB and bail will grant with the condition to cooperate in investigation.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Please note conditions will be judges discretion usually courts in Karnataka ask for a solvent surety along with indemnity bond to be executed in front of police station then to take regular bail before trial court. Court can also ask them to surrender passport. If ab is rejected the accused can approach high court.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

  1. As per the information mentioned in the present query, makes it clear that the accused have filed an application for AB.
  2. It depends upon the grounds for bail taken by the accused and the opposition arguments of the PP or your private lawyer, if any about the chances of getting the bail or not.
  3. And whether they have applied all together or separately, grounds cannot be the same for all of them and in the same way arguments should also e different in accordance with the contents of the FIR, proofs/ evidences, police report or charge sheet if filed.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear 

If the Anticipatory bail is allowed then they have to join the investigation and will not be arrested by police.

Other terms and conditions depends on the discretion of court granting the bail it can be interim bail or police have to give notice before arresting the accused. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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