• Bail procedure u/a 498a and 504

Hello esteemed lawyers. I have received as summons from court u/s 498a and 504. The FIR was registered in Dadri, Uttar Pradesh and the court is Surajpur district court, Gautambudh Nagar. Myself (husband) and my parents are named as accused. The first date is April 6 2023. My queries are as follows:\n\n1. Do I need to file for bail on the first date itself? Or will the court give me next date for filing of bail?\n2. My first date of appearing is April 6 2023. Can I file for bail before this date?\n3. Is the bail granted on personal bond or a surety is required?\n4. If surety is required, how many people are required per accused?\n5. In case surety is required, what documents are eligible to be submitted by the surety?
Asked 2 years ago in Family Law
Religion: Hindu

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16 Answers

I can provide you with general information about legal procedures, but I cannot provide you with legal advice or specific information about your case. Please note that laws and procedures may vary depending on your location and specific circumstances. It is highly recommended that you consult with a licensed lawyer in your area for legal advice tailored to your specific situation. With that said, I can try to answer your questions to the best of my knowledge:

 

It is possible that the court may give you time to file for bail on a later date, but it is also possible that you may need to file for bail on the first date itself. You should consult with a lawyer to determine the best course of action based on the specific circumstances of your case.

 

You may be able to file for bail before the first date of appearance, but you should consult with a lawyer to determine the best course of action based on the specific circumstances of your case.

 

Bail can be granted on a personal bond or a surety can be required, depending on the discretion of the court. A personal bond means that you will need to sign a document stating that you will appear in court as required, while a surety bond means that one or more people will need to sign a document guaranteeing that you will appear in court as required.

 

If surety is required, the number of people required per accused may vary depending on the discretion of the court. You should consult with a lawyer to determine the specific requirements in your case.

 

If a surety is required, the documents that are eligible to be submitted by the surety may vary depending on the discretion of the court. Generally, the surety may need to provide proof of identity and address, and may also need to submit documents such as property papers or bank statements to demonstrate their financial standing. Again, you should consult with a lawyer to determine the specific requirements in your case.

 

Please note that the above information is general in nature and may not apply to your specific case. It is recommended that you consult with a licensed lawyer in your area for legal advice tailored to your specific situation.

 

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Hello, 

  1. It is advisable that you file for anticipatory bail immediately. There are chances of arrest and detention if you wait to file for bail on the next date.
  2. Yes,  and you must to avoid an unwanted arrest and such complications.
  3. This is the discretion of the Court.Usually the order would be a personal bond for a sum and personal guarantor for like amount. In case you cannot have personal guarantors, you will have to approach the court again for modification in the order, requesting cash bail. 
  4. 2 people is the usual norm, per person.
  5. Proof of government employment/property tax paid receipt,aadhar card/ passport.
  6. In short, the guarantor must be a government servant or a person owning a property.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

File an anticipatory bail application before the summons date and take the order and then go to the court. You still have time.

After taking anticipatory bail sureties are required only if the police arrests you.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You should file for bail on the first date only 

 

2) court may direct you to furnish surety 

 

3) one surety should be sufficient 

 

4) Surety is subject to the satisfaction of the court which grants bail. Normally any person who gives surety should be a known person of the accused having a title over an immovable property and remains solvent without any tax arrears on the property and that surety provider should not be accused of any offences and he should not have stood as a surety in any other cases.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. You have to file an application for anticipatory bail even before the hearing date to avoid being arrested. 

2. Yes.

3. It depends on the conditions imposed by the court granting bail. 

4. You will come to know about the details after the bail is granted. 

5. You first of all apply for bail,  let the court first allow the bail application and grant bail on conditions thereon.

You will come to know about all other details from the court order. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You have received summon or warrant ?

Court will grant bail. you have to apply for it. Insolvency certificate of surety will require, vehicle papers, id, passport photo etc.No personal bond. Bail will file in same day or you can apply for bail any time before next date or anticipatory bail. Single surety for each accused.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Yes you need to seek bail from trial court in said cases one or two sureties depending on order

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes an FD can be furnished in lieu of guarantee. Moreover the bail has to be taken only when the police arrests you. If not then anticipatory bail order will suffice.


Even a government employee has to furnish bank guarantee ie FD etc.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Govt employee would not be directed to furnish asset documents 

 

2) fixed deposits can be submitted as surety before the court. 

3) joint fixed deposit of guarantor with spouse may not be accepted 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. If the government employee is standing as surety then his salary slip would be sufficient, he may not be required to furnish additional documents pertaining to his assets. 

2. The court will impose the condition specifying the amount also to be furnished by surety and if the FD satisfies that amount, then it can be accepted.

3. The FD on the  guarantor's name alone would be considered. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Better file a fir quashing petition in the Allahabad Hugh court and seek stay. Fair chances that the court will send the matter to the mediation enter 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. It depends on satisfaction of the nail conditions 

2. same as court directs 

3. yes

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- Since, you and parents are accused in the case, then you will have to apply for getting bail from the said court from where this notice is issued. 

- However, if you are already on anticipatory bail, then you will have to produce only surety on the first fixed date. 

- At least one surety is required for every accused in the case. 

1. If the surety is a govt. employee ,then he can produce their salary slip for showing his soundness 

2. The amount may be at least 25,000/- each if the surety is not a govt. employee. 

3. Yes, joint FD will also work. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

No, their salary slip will be sufficient.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Querist

As per your queries my opinion are as under:-

1. Yes, the surety have to submit the documents related to his assets/property.

2. It's depend on the court, it may 25,000/- or more 

3. Yes, they can furnished the same.

 

Feel free to call

 

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

When applying for bail, the court may require the accused to provide a surety or guarantor who can vouch for the accused and ensure that they will appear in court as required. The surety is required to provide their asset documents to the court, which can include property documents, FDs, and other assets to ensure that the accused will appear in court when required.

 

Regarding your specific questions:

 

If the guarantor is a government employee, they may be required to furnish their asset documents in court, just like any other surety.

 

The minimum amount of FD required as surety for bail can vary depending on the nature of the offense and the discretion of the court. You may need to consult with a lawyer to get more specific information about the requirements for your particular case.

 

If the joint FD is in the name of the guarantor and their spouse, they may be able to furnish this FD as a surety for bail. However, the court may require additional documentation to ensure that the guarantor has sufficient ownership and control over the FD to use it as collateral.

 

It's important to note that the bail process can be complex and can vary depending on the jurisdiction and the nature of the offense. It's always a good idea to consult with a lawyer who can provide specific advice based on the facts of your case.

 

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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