Can I get bail if my wife has charged me with domestic violence

926 votes

Yes, you can get bail on the basis requisite ground maintainable before court of law.
If it appears that fact of cases are based on false allegations.
If it appears before court of law that accused not habitual criminal.
If it is proved with assurance or on security that accused shall not abscond from the place of territorial jurisdiction or of before or till the case or dispute is resolved or till the settlement of matter before relevant and respective court of law.

Advocate Subodh Ingole LawRato

930 votes

Yes chances are less in this, it depends on the Hon'ble Magistrate if they thinks fit to grant you the bail they will but as the charges are levelled against are you are of serious nature therefore chances are less

Advocate Dhananjay Ravikant Gangawane LawRato

462 votes

In India, domestic violence is a serious issue, and whether it is a bailable or non-bailable offense depends on the specific circumstances of the case and the provisions of the law. Here's an overview of the bail provisions related to domestic violence cases:

1. Domestic Violence Act, 2005:
   • The primary law governing domestic violence cases in India is the Protection of Women from Domestic Violence Act, 2005. This law provides a wide range of protections to victims of domestic violence.
2. Bailability:
   • Domestic violence cases can be both bailable and non-bailable, depending on the severity of the offense and the discretion of the court.
3. Bail for Bailable Offenses:
   • If the domestic violence offense is categorized as bailable under the law, the accused may apply for bail. In bailable cases, bail is typically granted as a matter of right, and the accused can be released from custody while the case is pending.
4. Non-Bailable Offenses:
   • Some domestic violence offenses may be classified as non-bailable, especially if they involve severe physical harm or grievous injury to the victim. In such cases, the accused may need to approach the court for bail, and the court will exercise its discretion in granting or denying bail.
5. Bail Conditions:
   • Even if bail is granted in domestic violence cases, the court may impose certain conditions to ensure the safety and protection of the victim. These conditions may include restraining orders, prohibiting contact with the victim, and other measures to prevent further harm.
6. Victim's Rights:
   • The law also emphasizes the rights of the victim and their right to be informed about the bail proceedings and any conditions imposed on the accused.

It's important to note that domestic violence cases are treated with sensitivity by the legal system, and the court considers the safety and well-being of the victim while deciding on bail applications. Additionally, the specific facts and circumstances of each case can influence whether bail is granted and the conditions attached to it.

Advocate Chikirsha Mohanty LawRato