1) you dont need to submit your reply tomorrow
2) keep your bail application ready
498A case bail procedure
My wife filed false 498A case on me and my family including father, mother and sister. With sections 498A, 323, 406, 504, 506, 34. Tomorrow is my 1st date to appear in court. Then 1. What about bail ? Police did not arrested me during this period and I did not take anticipatory bail. My advocate says we no need to take bail tomorrow or we do not require to take it bcaz police did not arrested you. If court ask us to take bail then only we will submit bail application other why we need to say by ourselves to give me bail if police did not arrested us. 2. Do I need to submit my reply tomorrow only against FIR ? Because FIR has section of my wife reply.
Asked 8 months ago in Family Law
Religion: Hindu
7 Answers
It’s better you take ABA before arrest. Never trust police
1. do you get any notice about your appearance in Court?
2. Are you sure you haven't been arrested? Sometimes arrests occur on paper, where the police may document the incident without physically detaining you. In such cases, they might take your signature on an arrest memo and release you on bail while the legal process unfolds. It's essentially a procedural step to initiate legal proceedings and ensure your cooperation with the investigation. However, it's crucial to verify if any such paperwork has been processed to understand your legal status accurately.
3. sections are not serious. you may get bail on your appearance before the Court.
4. This is a criminal case following trial, no replies needed.
1. You should take regular bail from the court if have not taken anticipatory bail , otherwise court may order for arresting
- You must appear with surety before the court.
2. No reply filed in such type of criminal cases by the accused.
1. First take bail preferably anticipatory bail. The recommendation of your advocate is not advisable to follow.
2. In criminal case there is no occasion to fie reply before the trial court.
Whether the police have arrested you or not, it becomes your duty to get enlarged on bail to avoid being arrested on court order on your first appearance.
The accused in criminal cases need not file any reply
The court will proceed with the procedures of law after you appear before court when the charge sheet is filed
Dear client, the police cannot arrest you without the warrant. If the police has arrested you after the warrant then you can apply for the bail.
