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Bail procedure in 498a/406 case
15-Aug-2023 (In Criminal Law)
I have a 498a/406 case in Delhi. My chargesheet has been filed after 5 months of FIR for 498a/406/34 against me and 3 other family members. Chargesheet has been filed without arrest of all accused. It has been 1 year since the chargesheet was filed but no summons have been received by us so far. None of us have any type of bail yet. I want to know the next procedure of the case now:
1. When we receive summons, should we all appear on the date and apply for regular bail on the same day? Will we all get bail on same day?
2. What will happen if bail is not granted on the same day? Will we be sent to custody?
3. Is bail necessary in this case even when we were not arrested and chargesheet has been filed already?
4. Why haven't we received any summons for the last 1 year after chargesheet filing? Does it take this long? Can NBWs be issued against us even when we haven't received any summons?
5. What precautions should we take at this stage of the case?
By now you must have recieved the summons from the court. There might be instances where summons were sent but not recieved which might result into issuance of nbw against the accused persons. Yes bail has to be obtained once you appear in the matter. It is upto the discretion of the court whether to grant bail or not. Kindly get it checked from the court concerned about the status of the case.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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On what grounds anticipatory bail can be rejected in 498A?
The judge will not grant bail if he believes you committed an offense punishable by death or life imprisonment. There are some exceptions, including for women and children under 16 years old, as well as those who are disabled or sick. 12-Oct-2023
What happens after bail in 498A?
If anticipatory bail is granted, the accused will be summoned by an IO on the date specified to appear at the police station with those who are willing and able to stand as sureties for him. They must also be prepared with the bail amount. 29-Sept-2023
What happens after chargesheet is filed in 498A?
After the accused or their attorneys have examined the chargesheet, the court will proceed to framing the charges. Telling the accused what crimes you have been charged with.
Can bail be granted after chargesheet?
The Allahabad High Court has ruled that anticipatory bail may be granted even if the police have submitted a chargesheet and the lower court is aware of it. 21-Jun-2023
you not receive the someone it might be the reason that I has been already fixed party benefit to them self.
you should apply for anticepatory bail urgently .
along with your gamily members.
yes bail is becessary to be taken in these cases otherqise u will be arrested anytime.
i o has bern fixed by the other party so get benifit in case..yes nbw might already been issued against you and ur family.
immidiately contact lawyer.
you should apply for anticepatory bail urgently .
along with your gamily members.
yes bail is becessary to be taken in these cases otherqise u will be arrested anytime.
i o has bern fixed by the other party so get benifit in case..yes nbw might already been issued against you and ur family.
immidiately contact lawyer.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Bail after chargesheet in 420 IPC
Anticipatory bail after chargesheet Allahabad High Court
Supreme Court guidelines on bail after chargesheet
Can bail be granted before charge sheet
Bail in POCSO after chargesheet
Procedure after chargesheet is filed
Bail application after charge sheet format
Time limit for filing chargesheet in 498a
You can check the status through a lawyer and can know the real time situation by the same. You have to move an application for the regular bail on the day of appearance and you will get the same on the same day itself but you have to carry the surety with h for that purpose.
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Adv. Suneel Kumar
Delhi | 200+ Answers
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Yes. There is no reason to hold the person in jail in a case under section 498a IPC. In a recent judgement, the supreme court held that if a person was not arrested during an investigation then he must be released on bail at the time the charge sheet is filed.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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