Sir I along with whole family , a Central Govt. officer reciding in Govt. quarters, have been roped in a criminal case u/s 420, 406 IPC r/w 3/4 DP act at Badaun (complaint case u/s200 CrPC on 28th Sept.2013). The marriage was fixed by Fufa of the bride to be living in Mumbai on the basis of advertisement given by me.if you allow, i will give you the full details of case after permission from your side. At present, I am interested in Bail as the trial has not yet started due to vacant court at Dist. Court Bareilly ( transferred destination) There my Adv told me that first I should apply to HC for same day hearing of bail application or extension of time for getting bail as per the Direction of HC given in my 482 appl No 13955 of 2014 ( citing Amarwati and lalkamlendra SC judgment) as the case was stayed by HC on my transfer application. I met a senior adv at ALD who pointed out three wrongs done by me and refused to take the case at this stage due to following and suggested to take bail first and the contact him
1) Non mention of improper police investigation a mandatory provision of CrPC 202(1) in all thee 482 Application
2) non mention of third application of 482 (no.13955/2014) in transfer application
and told to contact some juniors (not recommended) for application if i wanted for application u/s 482 either to extend the time given in judgment or for same day application
When i asked " why to do so if above two judgment are binding on lower court( Mention in several Judgments of ALD HC)" He replied law is not so simple and you will be send tojail citing some reason so it is better to get case specific order and then approach the trial court. On his advise I contacted some junior on suggestion of my relative( as he have forbidden me to contact old adv of HC) but he from Dec.'15 till has not filed application waiting for favorable court
My question is
1) as time is passing and if I don't take bail before trial starts at new place I will be held responsible for delaying the case?
2) should I contact trial court directly for Bail(AB is not applicable in State of UP)?
3) is it possible to send my whole family in jail for complaint case?
4) can I quot judgment of Amrawati and LalKamlendra in my bail application?
5) can I mention merits of allegations not amounting to offence and not mentioning them in counter application in HC?
6) can I say to court to please see, evidences provided to the trial court with application of 245(2) to the court or court will see them during Bail Application?
60 can witness of prosecution deposing in favor of me with 245(2) appl. on affidavit will be considered by trial court during Bail application?
opponent is a senior lawyer of district court Budaun