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Chargesheet filed in 498a but no arrest and names dropped from FIR


12-Feb-2023 (In Criminal Law)

Dear sir, In my case police had filed chargesheet and didn't arrest anybody.there were six person in for but police dropped some name from fir.Now we want bail so how we can get and what is the procedure to get bail. If lower or session court don't give bail then how to approach high court for the same.please suggest. If I surrender before the court and would not get bail then how many day I would be behind the bars.can other family member also go to jail.

Answers (3)

Answer #1
535 votes
you have to apply for bail in lower court. generally court grant bail to all except husband if no injury shown and husband get bail from session case. if you have strong case you may get bail from lower court also. one have to remain in jail from the date of surrender to grant bail from lower or session court as the case may be. generally it take 7-15 day if lower court reject the bail
Advocate Ankit Jain

Adv. Ankit Jain

LawRato Agra | 5+ Answers
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Answer #2
724 votes
Hi you need to file case under section 482 crpc for quashing the chargesheet first before high court then if chargesheet will not be quashed, court may give you liberty to appear before court below and will direct to dispose of your bail application expeditiously in view of law laid down by the hon'ble supreme court in Amrawati and Lal Kamlendu, in this if courts below is not able to dispose off your bail application same day then they will release you in interim bail till disposal if case, do not surrender before this
Answer #3
927 votes
Hi Sir, You should be file same day writ or to high Court. When you have got same day than you surrender in to the court. Mostly lower Court grant family members bail and Session Court grant main accused. Don't worry be happy.
Advocate Sanjeev Goyal

Adv. Sanjeev Goyal

LawRatoNoida | 5+ Answers
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