• Applying for 498a bail

My marriage had completed 15years and we had two sons.

I am Professor and my wife is a Teacher. I never believed in dowry.

My wife had filed a complaint in Dec. 2018. I had convinced every IO, Social worker and Law Ministry mediator and even wrote to DCP about the malicious nature of the complaint. Despite all FIR, my wife managed to file a false 498a case against me and my old mother. Finally, FIR had lodged. 

I had already taken Anticipatory Bail and informed Policemen is understood that.

He has given a notice of sec. 41(A) Cr. PC and asked me to join the Investigation on 12th Oct. 2020.
My advocate has advised taking Bail before going. We are applying for Bail on the basis of FIR Copy.

1. What we all need to give in Bail (like any money, deposit, ID, etc.)?
2. What is the purpose of joining Investing when an FIR has lodged?
3. Do my statement matters now if I say the wife and her family did fraud by making false SC Certificate and to counter that they filed a case?
4. Does it matter, if I say, this a result of revenge which my wife is taking as I complained against my brother in law in Ministry of Defence (prior to all complaint and cases)?
What shall I do, as it is a conspiracy against me and there is no Dowry cruelty and it is nothing but force DIVORCE.
5. Shall I refer to a statement given by wife in DV Case in the court that I and family never asked for dowry? Does this has any meaning if I show this statement.
Asked 12 months ago in Family Law
Religion: Hindu

4 answers received in 30 minutes.

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26 Answers

1. you are required to produce a surety for you,

the surety is required to submit documents of property (movable/immovable) to the satisfaction of the concerned IO/Court

the property may be FD/House/Vehicle/etc

2. to proceed further, joining investigation is necessary,

3. you can submit your statement before the IO and can also submit relevant documents for your defence,

4. you can produce the relevant documents during the investigation, and, can opt for discharge/quash


5. a statement given in the court is always acceptable

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

If you have Anticipatory bail then there is no need for applying for bail. Especially in a case where a notice of 41A has been served. 

1. Bail bond as per the court direction.

2. After filing of the FIR, the police have to investigate the truthfulness of the FIR, and hence you have been called for investigation. 

3. Yes 

4. Yes 

5. Yes 

 

Also you can prefer a petition for quashing of the FIR before the High Court. 

In which city the case has been filed? 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17870 Answers
335 Consultations

5.0 on 5.0

1) You have to give surety in the form of guarantor or money etc to get AB.

2) Investigation is done to check whether really FIR need to raise against you.

3) Your statement is important regarding your case

4) You can make defence against all false allegations raised against you for dowry and cruelty etc.

5) You need to prove that all DV case are false allegations raised against you and your family.

Ganesh Kadam
Advocate, Pune
12192 Answers
150 Consultations

4.9 on 5.0

Under section 41 A of cr pc after FIR is filed police  has to issue accused notice to record his statement, conduct investigations and then file charge sheet or closure report 

 

2) you can rely upon wife statement in DV case that you never asked for dowry 

 

3) take the plea that false case has been filed as counter to complaints made by you 

Ajay Sethi
Advocate, Mumbai
84021 Answers
5474 Consultations

5.0 on 5.0

Since you have already obtained AB there is no need to go for regular bail.  Going for Bail is nothing but duplication of work and it is hard work not SMART WORK.

Better go for Quash of the said FIR with all material proofs you have against your wife and her brother.

The same will come to your rescue and there is every possibility to get the same Quashed by High Court.

If you can prove / establish to the court that the false 498-A is filed to harass you and to take vengeance against you by putting you under psychological pressure they have filed said case.  Thus, if the court is convinced, the FIR will be quashed.

With regard to participating in investigation, you will be  questioned with regard to the complaint lodged by your wife, you deny the same by showing photo copies of your above complaints, it is enough. 

All the proofs / issues referred at No.3 to 5 above will come to your rescue.

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

Hi, a) if you have obtained anticipatory bail, you need to give surety of the bail amount in the court ( which is a general rule to a  assure your presence ) ...In general a photocopy of vehicle registration is given ...2)Once the FIR is registered ,your statement will be recorded for the submission of final chargsheet or investigation report in court ( for which you have received the notice )....3)Yes ,you can make any statement intending to prove their false motive ..4)The statement of her in alternative case can be put to her in the cross-examination during evidence to draw an inference 

Hemant Chaudhary
Advocate, Gurgaon
4609 Answers
53 Consultations

4.9 on 5.0

1. Once bail is granted you need to furnish bond in terms of money which mostly the advocate or registered law clerk furnish on your behalf. 

2. Once FIR is registered you are bound to meet IO to participate in the investigation before or after taking bail.

3. Yes

4. Yes

5. Yes.

However police if submit chargeshert would ignore this case and you can go for quashing on these basis.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

1. The court may impose bail amount and ask to give surety.

2. FIR is preliminary the IO will investigate to ascertain FIR is correct or not based on that he will file chargesheet.

3. Yes you have to record everything in your statement before IO.

4. Yes you can contend same with available proof and paper.

5. Yes you should submit same before the IO.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

1.You need to take regular bail in court once charge sheet is filed. 

2.You need you join till charge sheet is filed after organisation as per the conditions of ABA. 

3.Yes you can say that in your evidence or in cross examination if you get time

4. Yes

5. Yes you can

 

Prashant Nayak
Advocate, Mumbai
24192 Answers
51 Consultations

4.4 on 5.0

1. You need one local person with property papers to take your surety.

2. They may take your statements. Thats the process.

3. Yes you can file such a statement. 

4. Yes you can file such a statement. 

5. Yes you should refer that and file a quash petition in High Court 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

An FIR has been lodged but that doesn't mean that the police will make you an accused and file a charge sheet. If you cooperate and put your side of the story then the police has to take that into consideration and file a report based upon evidence obtained from you and the opposite party.

You should join the investigation. File a domestic violence case against your wife through your mother.

Also file a divorce petition in case you want to divorce her.

Rahul Mishra
Advocate, Lucknow
13040 Answers
42 Consultations

5.0 on 5.0

1. If you are already on bail , then just produce surety before the court 

- That surety should be sound financially and mentally , and must have any document to show the court that if accused in the case will not appear before the court , then he will deposit the surety amount in the court. 

2. For filing charge sheet of the case before the court after investigation . 

3. Yes , you can submit the proofs of fraud by the wife to the I.O., and later on court will consider these evidences at the time of framing charge and in the trial of the case. 

4. You will have to produce evidences before the court , and only allegation and complaint given to different authority is not enough. 

5.  Yes, apply for getting certified copy of that statement given by your wife , and further submit the same in the 498 A case. 

Mohammed Shahzad
Advocate, Delhi
7954 Answers
85 Consultations

5.0 on 5.0

1.  As you have stated that you have already obtained anticipatory bail, the conditions of regular bail would have been interposed in the bail order itself, you can get the details from the bail order.

2. FIR is different from investigation.

The police will investigate the complaint after the FIR is registered, if you  do not cooperate with the police then the police would recommend to cancel the bail order to the court.

3. You can give any statement to the IO, he however will concentrate on the contents of the complaint lone to establish the facts stated in the complaint in order to prosecute the case properly.

4. You can give statement about her reasons to give this false complaint.

5. Yes, you can mention this, however please note it may not make any difference at this stage, you may have to utilise all the evidences against her during the trial proceedings only.

 

T Kalaiselvan
Advocate, Vellore
74127 Answers
1201 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that you are required nothing to give in bail in terms of money or deposit etc. In fact, the bail order consists of some surety amount and while taking the bail, you are required to produce a person who stands before the court proving that that he has the property/FDs, etc. equivalent to the amount of surety mentioned in the bail. Further, joining of investigation is nothing but being present before the IO and getting your statement recorded and you can make any statement in your support and evidence to protect you from the false case. The statements of fraud and complaints against the brother in law as well as the statements of wife regarding no demand of dowry are definitely stronger points for you and you should submit these all. Also, be in touch with your working advocate and keep discussing the things.  

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

Dear Client,

You need to have Surety at the time of Bail. After getting bail, you have to present in the court Police station whenever needed. If you win the case, you file a Divorce Petition on the basis of the false accusation or cruelty.

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

Why a bail is needed ?

that stage would come when sub-sections 3 and 4 of s.41A come into play

if you are co-operating with the police and appear before him in response to the notice then he cannot arrest unless the grounds specified in sub-sections 3 and 4 of 41A are met

 

Yusuf Rampurawala
Advocate, Mumbai
6427 Answers
54 Consultations

5.0 on 5.0

1. You have already availed AB for which you will not be arrested based on the said FIR. Moreover the notice issued is u/s41A of Cr.P.C. which does not entail arrest if co-operated with the investigation.

 

2. The IO is required to investigate in to the matter to submit his report.

 

3. You shall have to disclose these things to the I.O.

 

4. You shall have to submit all your defense before the IO.

 

5. Show the said statement to the IO. 

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

Bail is money paid for pre-trial release of someone who was arrested for a crime. If you pay it, yourself, to the court, then it's returned when you complete your  case. 

when FIR is lodge, You can give any statement to  investigation officer. 

yes you can give any statement. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

1. You need to give a surety to court who can take guarantee of your appearance before police.

2. You have to join investigation as it is a mandatory procedure in case of FIR. 

3. Yes your statements to police are very important.

4. Yes you can give that statement to police.

5. Yes. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Dear Client,

This is to inform you that

  • Section 438 of the Criminal Procedure Code (CrPC) provides for the provision of anticipatory bail. The purpose of the grant of anticipatory bail is to protect the life and liberty of the appellant and to protect him from unnecessary trauma and defamation of frivolous and false charges and arrest. So, therefore in my opinion you don’t need to apply for bail once again.
  • According to Section 441 of the Crpc, before the bail is granted the person is required to execute a bond of such amount the police officer or the court may ask him to pay and when he is released on bail one or more sufficient sureties is required.
  • The main purpose of joining the investigation is to ascertain the facts of the FIR lodged against you. You are advised to cooperate with the investigation procedure and to produce all the documents and proofs that you have against your wife. Since you are already on the Bail so police is not going to arrest you. The notice under section 41A of the CrPC is only for the purpose of calling out someone to know his or her side of story for any criminal case.
  • But if you fail to comply with the terms of the notice issued then the police officer may arrest you for the offence mentioned in the notice. (Section 41A Crpc)
  • Yes, the statement made regarding your wife’s fraud will be relevant for your defence.
  • You are advised to make all such statements or produce all such documents that are required to establish your innocence in your defence that’ll prove that FIR is false and there is no case for dowry or cruelty.
  • In addition to all these, you can also file the petition in the High Court under Section 482 of Crpc for quashing the FIR lodged against you.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

1) it would not be cancelled by HC . You would be heard before HC passes orders 

 

2) advantage of caveat is court would not pass any orders unless  you are heard 

3) quashing of FIR can be done only in HC 

 

4) police can after conducting investigations file closure report 

 

5) if in FIR no incidents are mentioned against mother FIR can be quashed by HC

 

6) you don’t have to wrote to Chief Justice of India but approach HCfir quashing 

Ajay Sethi
Advocate, Mumbai
84021 Answers
5474 Consultations

5.0 on 5.0

They can apply for cancellation but notice will be given to you in advance. 

Caveat will help you to get advance notice in your case before HC 

It is a tricky section he can arrest as he has been provided with discretionary powers. 

The gold part needs to be proved in trial

HC can quash it. 

You can apply in HC for removal of her name

Report it to court

High court will quash

File writ petition in HC for false FIR 

Prashant Nayak
Advocate, Mumbai
24192 Answers
51 Consultations

4.4 on 5.0

1. The opposite party can not ordinarily get your AB cancelled without your getting the chance to oppose their said cancellation application.

 

2. If there is CAVEAT filed before any Court against  a particular application/purpose/step, no application will be entertained against the person who has filed the Caveat without his getting a copy of the said application.

 

3.  If you comply with the notice and no fresh evidence surfaces out to prima facie prove that you have committed the alleged crime, you shall not be arrested.

 

4. The IO might conduct a search at your house for the said Ornaments.

 

5. High Court only can quash FIR.

 

6. File a petition before the High Court u/s482 of Cr.P.C. praying for quashing the FIR registered against her and also yourself after the charge sheet is filed.

 

7. File quash petition before the high Court as suggested above.

 

8. FIR has already been registered. It means that the case is already before the Magistrate. Whom have you replied about the FIR? Contest thge case fittingly before the Court and file quash petition as suggested above.

 

9. It shall have to be proved that it is a false complaint for which you shall have to file the quash petition . as suggested above.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

1.  No, if at all they file any application seeking cancellation, notice will be served on you to express your objections and you will be heard before the court would take any decision in this regard.

2. In my opinion, there may not be any necessity to file a caveat petition before high court in this connection.

3. The summons sent by police under section 41(a) cr.p.c.  is a formal one, the police, if predetermined,  at the end of the session, if there is no bail obtained by you till then, may even arrest you after registering FIR.

4.  The police cannot do anything about it, you may have to look for solution through trial proceedings for this.

5. There is no provision in law for that.

6. If the investigation officer is of the opinion that there is no crime established agaisnt her, he can remove her name.

7. It is to be taken up  in the trial proceedings 

8. You may have to approach high court seeking to quash the FIR and not any other legal forum.

9. No use, do not stretch your imagination to this extent, instead you can challenge the false case as per law 

T Kalaiselvan
Advocate, Vellore
74127 Answers
1201 Consultations

5.0 on 5.0

1) No.

2) If caveat is filed, court will order notice before passing orders in your absence i.e., exparte orders.

3) If you breach any of the conditions mentioned there in, he is authorized to arrest you.

4) You need to prove it.

5) Domain / Authority lies with high Court.

6) File discharge petition / go for Quash.

7) Refer to No.6 above.

8) Need to file petition before High Court.

9) Refer to No.8 above.

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

1. Legally the opp. party can approach the High court for cancelling the AB , but without giving notice to you or lawyer  it is not possible. 

- Specially , in Family matters , court will not cancel the AB easily

2. For getting information in advance , and not to hear the matter without notice , if the other party files any case against you. 

3. 41 A is issued by the I.O of the case for investigate the matter .

4. Police have not role in the matrimonial cases without getting a court order

5. Except High court , none has power to cancel an FIR , if it is already lodged 

6. After filing quash petition before the High court or can be discharged at the time of framing charge before the trail court 

7. Contest in Court for removing and to discharge her from the FIR 

8. High court , after filing petition of quash under section 482 CrPc

9.No maintainable , and you will get not a positive response. 

Mohammed Shahzad
Advocate, Delhi
7954 Answers
85 Consultations

5.0 on 5.0

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