• Procedure for bail u/s 498a in UP

My wife has lodged an FIR against me and my family members (mother, father and younger brother). The FIR contained sections 498A, 307, 323, 504, 3 and 4. 

We connected with IO, provided all our evidence (cctv footage, phone recordings etc) which clearly confirms that we are innocent. The IO had also collected our phone location records and which confirms that the charges mentioned above are false. The IO agreed to the fact and told us that he would remove all the sections except 498A, 3 and 4 while filing of chargesheet. 

My queries are:
1. How we (accused) will get to know when the chargesheet is filed? Does the IO inform the accused while filing or will the court send a summons?
2. What is the process after the chargesheet is filed? Will court send us summons and ask us to appear in court? Do we need to apply for bail on the same day as first appearance in court after filing of chargesheet? Is it better to file for regular bail or AB?
3. How long does it take for bail to be granted? Is there a possibility that we may end up in jail till the bail is granted?
Asked 14 days ago in Family Law
Religion: Hindu

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13 Answers

you would get summons from court that charge sheet has been filed against you 

 

2) you will need to apply for bail on date of your appearance in court 

 

3) you should get bail 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

  1. Society has no power to rectify sale deed but it can sign as attesting witness.
  2. Filing of charge sheet is simultaneously informed the accused through sms/whatsapp nowadays as practice.
  3. You will get summons from Court and day will be fixed for commencement of trial.
  4. As you are not arrested, you are not required in custody. No need of any bail, Court will direct to submit personal bonds.
  5. There is no possibility of any jail as investigation is completed. There is nothing that police needs from you.
  6. An application for AB is waste of time and money.

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

1. After taking cognizance of the charge sheet, summon will be issued to you. 

2. You can take anticipatory bail beforehand. 

3. Generally bail is granted on the same date. 

 

However, it is advisable to share the documents related to the case so that a concrete advise can be given. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

you can apply for and obtain anticipatory bail in Up

 

2) you should apply for bail on same day as you appear in court 

 

2) court would not send you to jail 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

hi, you can opt for anticipatory bail. Also file a counter suit against the wife stating that the wife is the defaulter.

thanks

Riti Gupta
Advocate, Mohali
16 Answers

Not rated

1. The court after taking cognizance of the offences on the basis of charge sheet filed before it,  then the court will send summons to all the accused. 

2. The above answer suits this question too. 

3. If you have not obtained bail yet then you all have to apply for anticipatory bail immediately. get enlarged on bail before attending the court for trial on being summoned by court 

If the lower court dismisses the bail application,  you may approach high court on this. 

 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

Now a days ABs are granted in UP also. 

2. You can apply for bail on the date of appearance also. 

3. It is the discretion of the trial court. which cannot be predicted. 

Hence you better consult a local advocate and apply for AB.

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

As soon as you hear about a complaint being filed against you under section 498A, you should take the following steps:
 

  1. Immediately contact a good lawyer to apply for pre-arrest notice and anticipatory bail.
  2. Draft an anticipatory bail application along with your lawyer and sign it.
  3. The application must also include an affidavit in support of it.
  4. A copy of the FIR along with other relevant documents must be attached.
  5. File the application in the Sessions court or the High court. 
  6. You must send somebody with your lawyer to the court for the hearing of your application.
  7. The protection under anticipatory bail is available to you till the end of the trial.

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

1. Generally police sends letter or calls 

2. Yes after cognisance you get summons

3. After appearing during filing of CS you can file for bail 

1. Yes 

2. No

 

 

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

You should immediately file an anticipatory bail application against this fir.

The court will grant you anticipatory bail and then after the charge sheet is filed you may take regular bail.

If you are vigilant and quick you may get out of this sticky situation.

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

Anticipatory bail provision was repealed but it has been reintroduced in UP in 2018. Therefore apply for anticipatory bail.

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

1. After filing the charge sheet in the court , the court will issue summons to all the accused of the case 

2. Yes all have to appear before the court physically , and may ask for taking the bail 

- If you are not on bail ,then you should take anticipatory bail before appearing in the court. 

3. Since, you already participated in the investigation after appearing before the I.O. of the case , then bail can be granted without any hurdle. 

Mohammed Shahzad
Advocate, Delhi
10661 Answers
132 Consultations

5.0 on 5.0

Dear querist, 

 

Answering your queries in the manner they are asked. 

1. Usually the IO communicates through a phone call intimating you about filing of the chargesheet. Procedurally, you are entitled for a copy of the chargesheet by the court after you are summoned on your first appearance. You don't need to appear without summons as the process may include the complainant or the prosecution filing the protest petition. Once you are summoned you have to appear alongwith your lawyer and you will be given a copy of chargesheet free of cost. 

 

2. First part of the query has been answered above. You will be admitted on bail after your appearance. You don't need to apply for any anticipatory bail. It is the bail granted by the court on your appearance alongwith the surety. 

 

3. If you violate the bail condition, or do not appear Bailable warrants are issued, but they are subject to cancellation on your appearance or moving appropriate application.

 

I hope your queries are answered. You can contact me for consultation for detailed analysis, if required. 

I can also be contacted through my Google page advocate-yuganshu-sharma

 

Yuganshu Sharma
Advocate, Delhi
422 Answers
1 Consultation

5.0 on 5.0

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