Share the copy of the FIR and the order of the dismissal of the Writ from HC for a concrete advice on the issue.
Regards
Sir pls read..... i.o came to our house after f.i.r. we signed 41 a we tried to pay him money for fr but he is in favour of the girl he did not agree now we had filed a 226 in high court ,,,with some ones advise....but ..justice pankaj naqvi said that when there is a provison of anticipatory in uttar pradesh now ... then pls apply there and he dismissed our 226 now i need bail for my mom and myself in kanpur court,,,,,,but.... after talking to laywers in kanpur thru google we are getting different kind of suggestons :- apply for interinm bail apply for regular bail we dont have any sureties / guarantors in kanpur,,hence laywers say that we can arrange some say....all securities / and guarantors are fraud so if verification is done then u will be in a problem .... so cant be arranged some say no need of guarantors and bail can be granted we will arrange bail for your mother first and then yours sir pls advise how shud we proceed we dont have guarantors in kanpur as we are from noida do we need guarantors for bail?? and if we do not need guarantors then ....can we get bail?? and if we need guarantors then how shud we proceed as we do not have any guarantors and some say we do not need guarantors for bail some layers say interim will be granted up to charge sheet some say that permanent bail can be granted...????? that we will file 482 in high court some say that APPLY FOR BAIL..??? SIR / MAM PLS READ MY FULL DETAILS AND ADVISE,, WE ARE SERIOUSLY..NOT ABLE TO UNDERSTAND..... PLS..PLS...PLS...HELP AND SUGGEST
Share the copy of the FIR and the order of the dismissal of the Writ from HC for a concrete advice on the issue.
Regards
First of all apply for an anticipatory bail if the girl has lidged an FIR. If you have fixed deposits that will do.
But apply for an anticipatory bail quickly. Also if the fir is lodged in kanpur then you have to come to the district court kanpur.
Regards
You should apply for regular bail before trial court
2) two Judges Bench in R.D Upadhyay v. State of A.P (1996) 3 Supreme Court Cases 422 wherein the Apex Court had taken note of the undertrials languishing in jail for non-furnishing of suretydespite bail orders granted in their favour and eventually directed that barring certain categories of cases, the trial courts may consider the cases of undertrials who are unable to furnish sureties to release on bail by furnishing personal bonds.
3) if trial court has directed you to furnish local surety and you are unable to do so an application for modification of the conditions imposed before trial Court, which shall be dealt with in accordance with law.
1. It is not appropriate to mention the names of honourable judges.
2. The HC was right in asking you to apply for anticipatory bail which has recently been restored in the state of UP. There is no question of a writ being maintainable if a specific provision of anticipatory bail exists.
3. If there are no local sureties then you can produce sureties from another place.
4. First apply for anticipatory bail and if the bail is granted then you can apply to the court to take cash bail,
5. 482 is not the remedy. The remedy is to file anticipatory bail under 438 Cr.P.C.
1. The charged leveled against you is not mentioned here.
2. Anyway since the provision for anticipatory bail is again implemented in UP, One should must apply for t so as to avoid unlikely event of arrest in the case if applying for bail on surrender.
3. if there is no local surety you can always apply for relaxation or waiver of this condition.
See court may order for sureties in the bail, see it shall be as per the court order in bail though in general circumstances the court ask you for at least one surety.
You can ask your relatives and friends to be surety for bail if they are not ready you can ask your advocate he may arrange same.
Interim bail is up to conclusion of trial if same is not cancelled.
See bail is separate thing you have to apply for bail also you have to apply for quashing before the high court.
Dear Sir,
You may appear before the police and explain the things it will be issued only when police not intending to arrest. please see the following judgment of CALCUTTA HIGH Court.
A notice under section 41A CrPC is necessary where police decides not to arrest an accused and not where arrest is necessary for the purpose of investigation.
Calcutta High Court (Appellete Side)
Sarifuddin Mondal vs Unknown on 29 July, 2015
Author: Ashim Kumar Roy
Step by step recourse for applying for anticipatory bail:
Documents required to be submitted in the court: Copy of first information report (FIR), warrants of arrest (if issued), documents on which the person will rely to secure bail (ex: medical reports, medical bills, family obligations, ailing mother, documents contradicting prima facie allegations made in the FIR such as plane tickets, passport copy etc)
Until police will not arrest, cannot apply for regular bail or interim bail. And when you are ready to appear before IO in compliance of notice u/41a, police cannot arrest you.
Permanent/interim will grant you when police arrest you and present you in court.
just file one application for modification in bail order and get modify this condition from Hon'ble High Court.
You can apply for bail
You can arrange for guarantor or surety from NOIDA also provided he is a government employee and possess salary certificate.
First you may get interim bail and you can convert it to permanent bail later on.
A petition before high court under section 482 cr.p.c. for bail is not maintainable, you can apply for quashing of FIR under the said section.
You can take a lawyer from NOIDA also for filing bail application in Kanpur and as far as possible arrange for sureties from your side instead of going for fake sureties who may not turn up when the situation is critical.