• False 498a case on me (NRI), all family members are included too is filed in Delhi court. • Have a “bailable warrant” in each family member’s name. • My dad is a 75yrs old man who is certified handicapped and doesn’t pose any threat to anyone. • My sister lives with my dad and there is no incident describing her involvement in the FIR. Additionally, she got divorced during that period, so she is in depression and has a heart condition because of that ordeal (medical certificates can be provided, in case you pursue the case). • Whereas my brother doesn’t even live there and is employed in another state. • The FIR is vague and doesn’t describe any incident involving dad/sister/brother. Though, the FIR at one place just says that I and my family demanded 20 Lakh rupees as dowry for starting my brother’s business. • In the 498a case, she falsely accused me at multiple places of asking for money, a car, jewelry, etc. • Whereas, in reality, I have spent a lot of money on her surgery during pregnancy in the US, transferred money to her parents on the false demand of money for cataract surgery, etc. and I have proof of those transactions. Now, why would any sane person transfer money to her parents and ask for a dowry at the same time? • Furthermore, the FIR doesn’t mention any witnesses corroborating her imaginary story. • Soon after marriage I went to the US with my wife, had a baby girl there, and returned to India after 4 years as my employment ended there. I believe these whole cases (498a, 406 & 34) drama started just because I lost my job and her dreams of a luxurious life got shattered. • After moving back from the US in September 2016, she hardly stayed with me in my parent’s house for 2 months, and finally moved out in April 2017 to her parent’s house in Delhi. My question: - • What is the process of paying bail to remove the arrest warrant for my family members? • So far only 2 dates have passed on the 498a case and there is already a bailable warrant in my family member’s name, does that sound legal? • Is there any discrete way to find out if there is a “lookout circular” in my name? (I got re-hired in the US but will soon return to India).
You may have to move an application seeking anticipatory bail for all of them before court.
If they have been enlarged on bail then you may have to challenge the case in trial proceedings on the basis of documentary evidences in your possession.
You will come to know about it only when you enter into Indian airport.
You can ask your advocate to find it out through his sources
1.Move an anticipatory bail application to avoid unwanted arrest.
2. Yes, court or the investigating officer can issue bailable warrant.
3. Yes
You have to approach Delhi for cancellation of bailable warrant issued against st you and your family members
2) personal presence on court is necessary for cancellation of warrant
3) if you dont appear on court on each date court can issue bailable warrant
4) you can make application for exemption forum personal appearance until further orders
5) IO can guide you as to whether LOC has been issued against you
You can apply for anticipatory bail in order to avoid any arrest for yourself and your family members in Sessions or High Court.
Bailable warrant must have been issued by the court due to failure of the accused person to appear before the court despite receiving notice which can easily be cancelled. The warrants would be cancelled once the accused person has appeared before the court. From next date onwards if any accused person fails to appear before the court you can ask your advocate to move an exemption application citing the reasons for their non appearance.
There are ways to to find out whether any look out circular has been issued in your name. You can contact any criminal lawyer for the same from this portal.
You can adduce the documentary evidence in your favour during the trial to disprove her allegations and the same can be put worth to her witnesses during cross examinations.
Simultaneously, you can also file for quashing of FIR in High Court where you can adduce the evidence in your favour in order to disprove their case and to get the FIR quashed. There are very high chances that your sister's name would be removed from the FIR by the court as there is no specific incident about her in FIR. Other family members name can also be dropped from the FIR if no prima facie case has been made against them.
If arrest warrant is issued then you need to cancel it.
If you or your lawyers don't attend such warrant will be again issued with non bailable nature
IF bailable warrants are issued against you and your family members then it is advisable to join the Court proceedings,
If the allegations are vague, and general in nature, and no severe allegations are imposed, you and your family can get bail.
after getting bail you can apply for quashing of the FIR in the concerned high court,
once your family members appear in the court warrants will stand canceled (Nothing big to worry)
the court issues warrants if any person doesn't appear before it on the fixed date of hearing.
you can contact the concerned police station, higher officials, and/or trial court to check whether LOC is issued or not.
\- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Since, your parents are also included as accused in her case, then they can apply for getting anticipatory bail from the session court , and surely they will get the same
- Further, they can also file a petition before the High Court for removing their names in the FIR and also for quash the FIR against them
- Since, the charge sheet has already filed then the appearance on each and every dates of hearing is mandatory , otherwise court can issue warrants against the accused.
- If your parents will appear before the Court on the next date of hearing , then the bailable warrant issued against them will be cancelled automatically.
- However, if your parents are senior citizens ,then they can get permanently exemption from appearance from the court .
- If LOC issued then it is mandatory that the accused should be informed for the said notice has been issued against him, but generally an accused person comes to know about such notice only when he/she is stopped or arrested by the immigration authorities at the airport/border etc.
- Hence, you can enquire for knowing about the LOC from the court itself with the help of a lawyer.
You can contact me , if further suggestion needed.
Thanks, everyone for their replies. I am planning to come back to India for some time. Can an advocate get anticipatory bail for me while I am still in the US? What is the process of anticipatory bail for me? How long does it take to get anticipatory bail?
Your personal presence is necessary during hearing of application for anticipatory bail
it should not take more than a month or so
Yes, you can apply for anticipatory bail while you are in USA. Time depends on court working but usually it takes 1 week in completion of all the process.
Yes he can take the same by filing application in india.
Sir,
If you need any further assistance for the same.You can approach me through Kaanoon or LinkedIn.
You can ping me on
- Yes, you can contact any lawyer of this website for getting anticipatory bail in your absence.
- But the application can be filed in that state where this case is pending, and for Delhi you can contact me
- However , you will have instruct any family member in India to contact a lawyer for filing an application before the Court.
- It can take maximum one week time from Session court in Delhi.
You are required to give vakalatnama to an advocate to file an application for anticipatory bail.
You can engage an advocate for this purpose and obtain anticipatory bail.
Time taken for anticipatory bail would depend on court and circumstances.