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can I file Discharge petition u/s 239 before taking bail


27-Feb-2023 (In Criminal Law)
SIr, A case u/s 498a, 323, 504, 506 was filed against us. i am younger brother in law of complainant. Chargesheet was filed by police. yet only my brother(husband) has taken bail. Charges are not framed yet. I,(Younger brother), want to file discharge petition u/s 239 of Crpc. So my question is that CAN I FILE DISCHARGE PETITION BEFORE MAGISTRATE WITHOUT TAKING BAIL? (My one lawyer has advised that I can file discharge petition other said first I have to take bail) please help.
Answers (3)

Answer #1
572 votes
before going through any legal remedy you must go for interim bail moreover discharge application cannot be filed before the charges are framed by the court once the charges are framed than you can go for discharge if charges are framed you can go for it
Advocate Pawan Bisht

Adv. Pawan Bisht

LawRato Lucknow | 100+ Answers
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Answer #2
969 votes
Hello client, I have seen your query carefully and found that you want to know that whether you can file a discharge application without obtaining bail, in this regard it is to inform you that according to the provisions of the Criminal procedure code the accused person can file discharge application at the stage of framing charge. But before the stage of charge you have to obtain bail from the court. I think you will get all the answers to your query. still you want to consult with me then you can contact me for further assistance and advice on my contact number through the administrator of this website
Advocate Rajeev Srivastava

Adv. Rajeev Srivastava

LawRatoGhaziabad | 400+ Answers
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Answer #3
984 votes
hi, once the chargesheet has been filed then you have the full right to go for discharge petition. discharge petition can be filed you. bail is not necessary Kindly contact us and visit office for further details.
Advocate Prashant Chandra

Adv. Prashant Chandra

LawRatoLucknow | 100+ Answers
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Comments by Users

Pankaj Pathak
Advocate Prashant Chandra: Sir, May you please provide any precedent or legal reference so that magistrate don't deny my discharge application and insist upon bail? I shall be deeply obliged.

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