Advocate Durga Prasad Jena

Questions Answered by Advocate Durga Prasad Jena (200+ answers)

Q: What happens after bail is granted in India, and how much time will the court take to start the case

After being granted bail one year ago for charges including 354, 506, 323, 341, and 394, I want to know when the court will start our case. Is there a system to immediately initiate the case after bail is granted?

Advocate Durga Prasad Jena answered
After the filing of the charge sheet by the investigating officer of the concerned police the accused again continued the bail then the case came to trial. You contact the investigating officer and approach him to submit a charge sheet. 

Q: Can I get implicated in a case of abetment to suicide if a girl commits suicide in love ?

sir, i was in a relationship with a girl for 5 years. there were always fights on silly topics and she never trusted me and the fights continued for days. finally i could not have any hope and asked her for a break up which she refused. so i decided to cut my relationship with her and move on. after 6 months i met another girl and fell into a relationship. after some months the 1st girl knew about my present situation and is continuously harassing me. i just fear that she may harm herself though she denies of doing that. my question is that if you break up with someone and they kill themselves india then can i be implicated for abetment? will there be any legal issue? kindly help me, thanking you.

Advocate Durga Prasad Jena answered
Yes you may implicate for abetment of suicide . But it depends upon the allegations or fir lodged before the police . If police find out any material against you during investigation he may proceed again you

Q: Is it illegal to video record someone without their permission in india ?

a person is taking my video documentation without my consent and when i asked him to show my video ,he started argument and beat me. i have reported to police station but police laughed at me and did not take action.so i submitted e grievance./, is it legal to video record someone in public in india?, what is the punishment for taking video without permission ?

Advocate Durga Prasad Jena answered
You are advice to approach higher authority of police. Or file complain case directly in the trial court / sdjm or approach honorable high Court by filing writ criminal against the police and direct them to register fir

Q: How to oppose bail application to stop the criminal from taking bail by court ?

I want to know the steps or the procedure wherein i can apply for non-baillable request to the high court before and after the FIR is lodged. And also in case if Anticipatory bail is applied by the criminal and he has the bail papers. how to oppose anticipatory bail ?

Advocate Durga Prasad Jena answered
If the accused person applied for anticipatory bail in high Court then you can appear through your counsel in that case and raise objection and pray to reject the bail application and police will take steps to arrest him

Q: How to get bail for 498a and 304b ?

What are the condition for bail granted in sec 304b ipc and 498a ipc ?

Advocate Durga Prasad Jena answered
Granting of bail and the conditions for granting of bail is dependent upon the facts of the case but if you are inside custody the approach Honorable high court under the provision of 439 crpc or if you are outside the file bail under 438 crpc