• Urgent help regarding 498a case

Hi,
 
This is Nagendra kumar choudhary from kolkata. My wife filled false 498a case against me (husband) and all family members including parents on 2nd March.
I live in kolkata and my family is in chattisgadh. She stayed there (Chattisgadh) for only 4 days and 1 and half months with me in Kolkata. marriage date was 23rd may 2013. She left on 17august on occasion of rakhi. she suddenly called my parents and started dispute and abused them stating your son is not taking good care of me. But i really did not do anything like that. Her demand was a very big flat and i refused because of my budget.

Now Story is,
She filed false 498a against all after two years on 2 march, 2015
We appealed for bail in district court.
My all family members got bail except me (Husband).
I approached high court for bail and again it got rejected. But i know i am not guilty.

My lawyer advised me to surrender to police custody and he will get bail easily after charge sheet is filed.

So please help me in this regards,
Is it easy to get bail after surrender to police station? I/O is in my favour.
My Lawyer advised that i will be in custody for only 4 - 5 days and will be discharged on bail. Is it true?
How much time it can take to get bail after this procedure.

Please suggest as i am in severe panic as the bail is rejected in high court.

Regards,
Nagendra Kumar Choudhary
9831714334
Asked 1 year ago in Criminal Law from Kolkata, West Bengal
Religion: Hindu
If you re so much  concerned and  worried about being arrested you may surrender and get enlarged on bail which can be done within a day or two because  of  the latest supreme court verdict on the subject.  Going to supreme court may also not have any effect due to the rejection of  the high court.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
The remand cannot take place if the advocate who files bail application argues properly and cites the latest supreme court judgment, but you should surrender before the judicial magistrate court and keep the police io by your side to give no strong objection to enlarge  you on bail. Do you have the copy of the supreme court judgement or atleast heard of it, if you require I shall send it across to your email id, you may send a request mail to my mail id kalai59thanga@gmail.com, thank you.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
1. It is incorrect to state that charge sheet will be submitted on the same day as you surrender. Submission of chargesheet may take months. Furthermore, even if the chargesheet is in your favour the court may still refuse to grant bail to you. It is the absolute prerogative of the court to grant or refuse bail. 

2. It is advisable to move the SC. 
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
1. Do not surrender till charge sheet is submitted.
2. Getting bail on surrender after submission of charge sheet varies from court to court.
3. If you conform the name of police station or the court where the case is pending I can conform whether you would get bail on surrender or not.
4. I may conform that I have 100% success rate for bail on surrender in similar circumstances in court in and around Kolkata.
Devajyoti Barman
Advocate, Kolkata
5181 Answers
54 Consultations
4.9 on 5.0
Is it easy to get bail after surrender to police station? I/O is in my favour.
Opinion: no need to surrender file the bail before supreme court and as per supreme court previous order in Arnesh kumar vs state of Bihar the police can not arrest directly hence there is strong chance to get bail from supreme court.

My Lawyer advised that i will be in custody for only 4 - 5 days and will be discharged on bail. Is it true?
It may be possible but when you have option then why are you going to jail.

How much time it can take to get bail after this procedure.
It may take one or two days.


Charge sheet will not be filed on same day so you may sent to judicial custody.
You can contact over the phone after pay the consultation fee which is very nominal
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. You should first exhaust all avenues made available to you for getting AB,

2. If you finally fail to get AB, then only the question of taking surrendered bail arises,

3. You have not mentioned as to why is that your AB has been rejected,

4. However, take appropriate care to address the said reasons for rejection of your bail by lower courts while filing AB before the Supreme Court. 
Krishna Kishore Ganguly
Advocate, Kolkata
12082 Answers
228 Consultations
5.0 on 5.0
Yes, file the petition before the Supreme Court praying for your AB.
Krishna Kishore Ganguly
Advocate, Kolkata
12082 Answers
228 Consultations
5.0 on 5.0
1. No body can be sure that you will not spend a single day in custody if you surrender since iyt is the Court that will decide about your getting bail or going to jail,

2.Why charge sheet, if the investigate report was in your favour, the case would not have started at all,

3. Now if the charge sheet is in your favour, certainly it will go in your favour in getting bail.  
Krishna Kishore Ganguly
Advocate, Kolkata
12082 Answers
228 Consultations
5.0 on 5.0

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