• 498a Bail

My wife filed for 498a along with Maintenance case in 2019, charge sheet filed in 2021 December, applied for Anticipatory Bail in Jan 2022, and then came to India at the end of March 2022, and went to court in Vijayawada to deposit the money for sureties and also had sureties sign for the bail. Trial date has been postponed and now my parents are also supposed to submit sureties on June 10th.

Now, some family mediators suggested that we rebuild relation as part of the reconciliation process and hence I have been visiting my in-laws house to see my daughter and wife while the trial is pending. I have not been arguing on anything there, there was one of her family witness stated in the 498a who appeared one day, I had general conversation only and nothing related to case or anything serious.

My wife has come to visit my parents house along with my father-in-law for lunch one day back in middle of April after mediators have told us both families to rebuild relation. 

My wife also seems to be making attempts to get my Bail cancelled by falsely alleging witness tampering and other new false allegations so that she can have me arrested and harassed by Police. 

The mediators also seem to be not responding as they promised and put me in trouble, I am not sure how to face this and avoid my wife from having the court cancel my bail.

In retrospect, it would have been better to have not visited my in-laws house by blindly listening to mediators to go and visit their house. 

But, I have not done anything wrong at their house or her grandmothers house (when I visited them twice) to see her grandfather who is sick and suffering from Alzheimer’s.

They seem to be intentionally planning something to get bail cancelled and have me harassed by police so that they can extort money.

I am worried about how to prevent from having my bail cancelled by their request at High court.
Asked 2 years ago in Family Law
Religion: Hindu

10 answers received in 1 day.

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11 Answers

1) SC has held that Very cogent and overwhelming circumstances are necessary for cancellation of bail. Bail once granted should not be cancelled in a mechanical manner “

 

2)bail can be cancelled if 

 

  • Interference or attempt to interfere with the due process of meeting ends of justice.
  • Evasion or attempt to evade court proceedings.
  • Misuse of the concession granted to the accused by not following the terms agreed while out on bail.
  • Possibility of the accused absconding or fleeing to another country.
  • Likelihood of actual misuse of bail.
  • Likelihood of the accused tampering with the evidence, obstructing the investigation or threatening witnesses.
  • Other supervening circumstances which have rendered it no longer conducive to a fair trial allow the accused to retain his freedom by being on bail.

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Court must have imposed conditions while granting bail that you need prior consent of the court  before going to USA 

 

if at all you want to go back to US obtain court consent 

 

mere  apprehension that you might go to USA is not ground for cancellation of bail 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

If there are no restrictions imposed by court you are at liberty to go abroad for work purposes 

 

court would not cancel your bail because you are going abroad 

 

You can make application for exemption from personal appearance until further offers in trial court 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You can explain reasons of your daughter  why you could not travel when wife had covid 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

First of all the application for cancellation of bail on such grounds will not  be entertained. 

Few Grounds considered by court for cancellation of Regular Bail are:

  • Interference or attempt to interfere with the due course of administration of justice;
  • Evasion or attempt to evade the due course of justice;
  • Abuse of the concession granted to the accused;
  • Possibility of the accused absconding;
  • Likelihood of/actual misuse of bail.

Since her reasoning do not fall in any of the above situation, the court may not entertain her application.

The cancellation of bail is just a news in the air, if she files one, you can challenge the same on merits. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Since  the grounds by which she may intend to file an application seeking cancellation of bail are applicable you may not be worried about it.

If in case the court feels that you may flee to US during the pendency of the criminal case, the court may ask you to deposit your passport with the court till the disposal of the case.

Hence you need not worry on that count because you had been attending the court on all the court dates.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You can obtain court permission to visit US on a short visit for the reasons that are convincing the court 

Hence you can apply for travelling abroad on a short visit whenever a circumstance arises. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Your wife may try to misguide court or even your daughter for any reason, you don't take them seriously.

Instead you may have to concentrate on the reliefs you desire.

She is not the authority to stop you from travelling abroad.

Besides she cannot stop you from visiting your child if you have a court order for visitation rights, hence you get an order in your favor at the earliest. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You need to contest all the false case filed against you in the said matters

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear Client,

As per the facts which have been provided, you can ask for court's permission to travel abroad.

Thank You.

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

- Since, you are already on bail unconditionally , then she cannot take any legal action against you for travelling abroad. 

- Further , you can move application before the court for exemption on ground of travel restrictions and other grounds. 

- Further, for getting custody of daughter , you can file a petition before the family court in India with the help of lawyer . 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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