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304A motorcycle accident- not attending court summon since 2019


08-Nov-2025 (In Motor Accident Law)
My 304A case is in Gram Nyayalay (Tehsil Court). Due to my previous advocate’s negligence, neither of us appeared despite 8–10 summonses. He falsely claimed the case was suppressed. The court kept issuing dates and NBWs. Recently, police served a summons at my hometown. I hired a new advocate and appeared in court, but the judge ordered custody for non-compliance. My lawyer says anticipatory bail is possible, but I must first surrender.
Answers (2)

Answer #1
753 votes
It appears that your non-appearance was due to your previous advocate’s negligence, not willful default. Since the court has already issued NBWs and taken you into custody, the proper course is to apply for regular bail immediately before the same court or sessions court by explaining the genuine reason for your absence. Your new counsel can also file an application to recall NBWs and place on record your prior advocate’s lapse. If the custody continues, anticipatory bail is not applicable now, but regular bail should be obtainable since it is a bailable and non-murderous offence under Section 304A IPC. Keep attending future hearings diligently to avoid further complications.
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Advocate Ram Shiromani Tripathi

Adv. Ram Shiromani Tripathi

LawRato Lucknow | 25+ Answers
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Answer #2
640 votes
yes you must surrender then the anticipatory bail is possible this is a 304a ipc case the advocate defaulted in appearance in the tehsil court you then hired a new lawyer the court keeps issuing dates summons
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Advocate Spiti Sarkar

Adv. Spiti Sarkar

LawRatoGreater Noida | 700+ Answers
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