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Divorce false 498 case alimony


06-Mar-2024 (In Divorce Law)
Wife filed false 498a case, So I applied for anticipatory bail in district court. There wife came in District court & oppose bail, So my relative bail is approved but my bail is rejected. I applied for anticipatory bail in High Court. Now more than 90 day completed but still chargesheet is not filed. So can police file chargesheet after 90 day? Whether non filing of chargesheet for 90 day consider as default bail?
Answers (5)

Answer #1
952 votes
There was no need of filing anticipatory bail as per the landmark judgment of Supreme Court of India in Arnesh Kumar vs. State of Bihar and Satender Kumar Antil vs. CBI , there IO has to mandatorily serve 41 A notice under CrPC for investigation rather than arresting the accused. The erring police official and UP judicial officers has been severely reprimanded for the same. So bail is your statutory right here, consult better counsel or it seems there is something more which meets than eye.
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Advocate Ashutosh Kumar Mishra

Adv. Ashutosh Kumar Mishra

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Answer #2
636 votes
There exists no specific time limit for the filing of a chargesheet, and the absence of filing within 90 days does not automatically imply default. The process surrounding the filing of a chargesheet is governed by legal intricacies and considerations, rather than rigid timelines. In legal proceedings, the timeframe for filing a chargesheet can vary depending on numerous factors, including the complexity of the case, the availability of evidence, and procedural requirements. Thus, the absence of a chargesheet within 90 days does not necessarily signify a lapse or failure in the legal process.
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Advocate Arinjay Bisht

Adv. Arinjay Bisht

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Answer #3
702 votes
Would like to see the bail order of the sessions why the bail was not granted and It got rejected. In case the prosecution failed to file the Charges an accused will be entitled to a default bail. However, the prosecution can very well file the chargesheet after 60/90 days
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

LawRatoDelhi | 1000+ Answers
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Answer #4
862 votes
We need more information on your case to evaluate things from legal point of view. You need to hire an expert advocate in this case, kindly be in touch to discuss and to understand the legalities in this regard. Thanks
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Advocate D. Khan

Adv. D. Khan

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Answer #5
547 votes
Yes...if the police officials fail to file the chargesheet on the stipulated time frame then you will be granted bail by default. It's your right to get the said bail from the court concerned. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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