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Bail procedure after filing of chargesheet


25-Jan-2023 (In Divorce Law)
My wife and inlaws had lodged an FIR against me and my family members (mother, father and younger brother). The FIR contained sections 498A, 307, 323, 504, 3 and 4. nnWe connected with IO, provided all our evidence (cctv footage, phone recordings etc) which clearly confirms that we are innocent. The IO had also collected our phone location records and which confirms that the charges mentioned above are false. The IO agreed to the fact and told us that he would remove all the sections except 498A, 3 and 4 while filing of chargesheet.My queries are:n1. How we (accused) will get to know when the chargesheet is filed? Does the IO inform the accused while filing or will the court send a summons?n2. What is the process after the chargesheet is filed? n 2(a) Will court send us summons and ask us to appear in court? n 2(b) Do we need to apply for bail on the same day as first appearance in court after filing of chargesheet?n 2(c) Is it better to file for regular bail or AB?
Answers (7)

Answer #1
925 votes
dear client as per your query I can only suggest that if the allegations are made and are discussed in the FIR in detail then you have to appear all for bail generally husband bail is a bit more critical but if you have proper evidence which shows you are innocent or allegations are not made out then husband has more chances of getting relief for future paid consultation please contact us with your relevant documents.
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Advocate Rahul Rathi

Adv. Rahul Rathi

LawRato Allahabad | 700+ Answers
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Answer #2
706 votes
Dear Client in that situation you should approach High Court for quashing of the Charge Sheet in that you may get Stay for more clarification you may contact us then I'll explain properly about your case. ADV ANURAG BHATT ALLAHABAD HIGH COURT
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Advocate Anurag Bhatt

Adv. Anurag Bhatt

LawRatoAllahabad | 700+ Answers
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Answer #3
814 votes
1. IO may be informed to you and court also send the summons after chargesheet is submitted in the court but many time court not send any notice so watch your chargesheet himself or by a lawyer. 2.yes bail is neccessory but you can file an anticiapetory bail in the session court before the chargesheet is filled it is better than the regular bail
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Advocate Ankit Saran

Adv. Ankit Saran

LawRatoGhaziabad | 400+ Answers
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Answer #4
715 votes
Hello.... Kindly get the F.I.R. quashed at this very stage and also get a stay of arrest for now else you will be arrested... And about Charge sheet....it is filed within 90 days of production before Magistrate.... Also you will get to know about it .....but my opinion would be to get the Criminal Writ file at Allahabad High Court for quashing of F.I.R. else you all be will be suffering... Other than that let the proceedings go on.... And once charge sheet will be filed....it will be a tough game...so asap take action... For more information kindly call or text .... Thank You
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Advocate Sakshi Jaiswal

Adv. Sakshi Jaiswal

LawRatoAllahabad | 100+ Answers
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Answer #5
681 votes
in this situation as soon as possible you approach to your concern court and get anticipatory bail for you and your family members. fill bail application including with all Evidence. or you can approach to high court and quash that FIR on ground of your evidence. don't trust on IO he will be operating by money. for more information contact me.
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Advocate Satish Bhati

Adv. Satish Bhati

LawRatoGreater Noida | 400+ Answers
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Answer #6
981 votes
hello as per your query I would suggest that you can apply for bail before the tentative date & there is no need to inform the other parties. For further information on this contact me with the registered mobile no with lawrato.
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Advocate Neelam Singh

Adv. Neelam Singh

LawRatoLucknow | 200+ Answers
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Answer #7
854 votes
it is incorrect that the offense of 498 ipc is bailable. you should file an anticipatory bail application before the concerned district judge court or challenge the chargsheet before the high court judicature at allahabad and obtain a stay order. if you need any further information then please contact me
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Advocate Rajeev Srivastava

Adv. Rajeev Srivastava

LawRatoGhaziabad | 400+ Answers
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