Whatever it is , your first priority is protection from arrest. Better get all these get quashed by approaching HC.
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 4 years ago in Criminal Law
Religion: Hindu
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14 Answers
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
You can surrender now explain reasons for delay
2) apply for bail
3) you should be granted bail
If high court has ordered you to surrender you need to surrender or appeal the order in supreme Court
Hello,
- 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.
- 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.
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
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.
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.
Yes you can get bail you should again approach high court for anticipatory bail and quashing of FIR against you.
We already approach high court regarding the same matter but they are saying if magistrate has taken congnilance on first chargesheet then he dont have any power to remove the sections of 307,316 because they are trial by session and session court said same thing again ... can i apply for interim bail with my advocate ! Actually is bound because another chargesheet came under 498a,4 dp act .. magistrate dont know what to do in this case may be he is new to this case .. because first chargesheet was made by 2 officers they are now suspended amd departmental enquiry is going on him , but see our judiciary system
Asked 4 years ago
You can surrender before trial court and apply for bail
I think in this no one has done enquiry police has taken money from opponent party they made chargesheet in various sections 307,328,427,316,498a 66 dp act to all the 10 people and. Magistrate has take. Cognilance on first chargesheet and when we have given proof of each & every single sections the whole ALIGARH Police department and DGP up surprised that we have suffered alot in this .. doctor is fraud , girl was fraud , police is fraud , even medical council has said that doctors has done wrong ful act in this case , but still we are standing @ the sam position nobody is listening to us .. this 498a is a curse to boys life ... nobody is taking action on it girls are doing there illegal things still judiciary is taking there side , when it actually the girl is harassing us from the first day still police judiciary is silent , they want only to get surrender and go jail but y ... the law is to see who is right or wrong , if am guilty am ready to go jail but what my family and me have done ... just a married why nobody is taking action against this law ..
Asked 4 years ago
You can apply for discharge before trial court if there is no evidence against you
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.
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.
You can complaint and raise all issues as stated above in trial but till that time you need to abide orders of trial court