• Sir please see the thread and answer

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
Asked 4 years ago in Family Law
Religion: Hindu

8 answers received in 1 day.

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10 Answers

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

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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. 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

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.  

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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:

  1. The person expecting to be arrest should engage a lawyer and inform him of the circumstances because of which he/she may be expecting to be arrested.
  2. The lawyer, after asking for the below mentioned documents will file a petition for anticipatory bail, either in the session court or the high court depending on the nature of the offence for which he might be expecting to be arrested.
  3. The accused should ensure that he has read and understood the anticipatory bail petition prepared by the lawyer before he files it and thereafter make sure that all relevant affidavits and Vakalatnama are signed by him.
  4. On the first day of hearing, if the court is satisfied of merits in the case, a notice will be issued to the opposite parties and date for the next hearing will be given. Court will also ask the investigating officer of the case to file a status report before the next date of hearing.
  5. Within a few days from the first hearing, the accused has to file requisite amount of process fee with the court registry. After this the notice will be prepared by the court authorities and this along with a copy of the plaint will be served upon the respondent either by the court through speed post/courier/ordinary post/email. If the process fee is not paid, notice will not be issued to the opposite party and in extreme cases the court may even dismiss the petition for failure to comply.
  6. It is a possibility that notice could be accepted by the respondent (public prosecutor) in court itself on the first hearing.
  7. Upon receipt of notice, if that is the chosen option, the respondent (public prosecutor) has to appear in court.
  8. On the next date of hearing, the public prosecutor will appear in court along with a reply to the bail petition and demonstrate as to why bail should not be granted.
  9. After a reply from the respondent (public prosecutor) and the status report of the investigating officer have been filed before the court, it will hear arguments and make necessary inquisitions from the accused/his lawyer regarding such mitigating circumstances on which bail is sought.
  10. The lawyer must convince the court that the FIR filed without any basis, the person has good antecedents and does not have any criminal case/record pending against him, he is not required for any investigation or interrogation, will present himself as and when the court requires, will not influence witnesses or abscond from the country.
  11. After completion of arguments, the court will arrive at its decision of whether bail is to be granted or not.
  12. In case bail is granted, the court may put the accused to such terms and conditions as it sees fit.
  13. These could include depositing of some money, surrendering of passport, not leaving the state/country without intimation to the police, not to influence witnesses, cooperating in investigation process and make themselves available before the investigating agency, as and when directed.
  14. On showing the courts’ order showing grant of anticipatory bail to the police authorities, the person would be allowed to be released on bail in the event of arrest.

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)

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

just file one application for modification in bail order and get modify this condition from Hon'ble High Court.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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