• Can i get bail because i have not surrender after high court order of 45 days because

After filling chargesheet my all 6 family Members got stay and 3 got bail and 1 was not surrendered because already there was so much fraud has been done by investigating officers 
1. Witnesses were in goa enjoying holidays 
There tickets & hotels bills of the same date when they are saying they are protecting the girl . 
2. The girl got miscarriage because of me when there was no ultrasound done and ultrasound owner has done FIR against the father and my wife . 
3. The medical documents from government hospital found fraud the dates have been edited by father & daughter again FIR done by us . 
4. The hospital in which she has done her miscarriage operation found guilty, the medical council has issued notice to the hospital for doing wrongful act and hospital was sealed by chief medical officer aligarh . 
5. The reinvestigation took place by the DGP office and they found everything was fraud and malicious . The charge was made on first chargesheet by 2 investigating officers in various IPC 307,328,427,498a,504,506,316, - but now ASP ALIGARH again re investigate the Case and found just 498 and 4 dp act in the case 
6. The previous investigating officers found guilty and departmental enquiry is going on both of them for making fraud case . 
7. Again a fake case has been registered against us in various section And the opposite party was not in the location where this case happened so FINAL REPORT has been submitted and 90 days protest also finish to protest. 

We are wrongly involved in this case aligarh court is biased and there matter of seeing the is different they dont blame themselves so they reject and give the ball to the upper level and upper level says you been told to surrender in 45 days when we have not done anything and the opposite party has no proof that m guilty why will i got to jail in this thing .. i have fighted very hard in my case police is himself involved doctors judiciary every one of aligarh is involved this is not law this is jungle .
Asked 1 month ago in Criminal Law from New Delhi, Uttar Pradesh
Religion: Hindu

Whatever it is , your first priority is protection from arrest. Better get all these get quashed by approaching HC.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

You need to file a mandamus writ petition in the High Court in this regard as well as the bail against the order of the  Session Court and let the high court decide the matter in the light of evidences in support of your claims

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

You can surrender now  explain reasons for delay 

 

2) apply for bail

 

 

3) you should be granted bail 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

If high court has ordered you to surrender you need to surrender or appeal the order in supreme Court

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

Hello,

  1. What you have stated are facts and illegalities and help prove your not being guilty of the charges and can help in your acquittal after you stand trial.
  2. The High Court would have placed the condition for granting you bail conditionally where it was not aware of the circumstances of the case and the later developments and therefore must approach the court again with another application for Anticipatory Bail highlighting  the facts and the new developments. If the court is convinced it may overlook the condition it imposed earlier.  

S J Mathew
Advocate, Mumbai
2452 Answers
110 Consultations

5.0 on 5.0

Now you should move a petition again before high court for that you should have produce strong evidence that why you couldn't surrender. 

Either make a medical that you were suffering from disease dur to which you couldn't surrender and now praying some more time for the same

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

there is no provision as such to get an anticipatory bail in case of an absconder, the proper way is to appear before the court and file a bail application simultaneously.the court may grant relief of bail if it gets satisfied regarding the cause of absence.

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

If you have not surrendered within 45 days and applied for regular bail then your anticipatory bail will stand cancelled, however you may apply for extension of anticipatory bail and then surrender before the judicial magistrate court concerned and obtain regular bail in order to fight it out in the trial proceeding on the basis of the merits and documentary evidences in yor support to get the case dismissed.

But for all that you may have to be out on bail first.

 

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Yes you can get bail you should again approach high court for anticipatory bail and quashing of FIR against you. 

Mohit Kapoor
Advocate, Rohtak
3442 Answers
1 Consultation

5.0 on 5.0

You can surrender before trial court and apply for bail 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

You can apply for discharge before trial court if there is no evidence against you 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

If ther is a pressure, then it would be better that you obtain anticipatory bail first and then wait for the trial to begin or you can even file a petition for discharge under section 239 cr.p.c. 

You dont worry about the magistrate knowing the law or not, you may have to concentrate on your case alone.

 

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

In the initial stage this will appear as if everyone are against you, but when it comes for trial you may find it very easy to tackle the same and get the case dismissed.

If you feel that the situation is same old as it was started then you dont be worried about anything now, let the court conduct trial which can be contested strongly and challenged on the basis of documentary evidences in your side.

 

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

You can complaint and raise all issues as stated above in trial but till that time you need to abide orders of trial court

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

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