Category Archives: arrest bail

Bail with tough conditions, passport surrender etc for ipc 498a accused. Wife stayed just 12 days !

Bail with tough conditions, passport surrender, prior permission needed to travel outside India, rights to police to further apply for custodial interrogation etc etc for 498a accused husband. Court has taken note of the fact that the case is about alleged events in Bangalore where wife stayed just 12 days !

This wife who stayed only 12 days in place of allegation seems to have ALSO ROPED IN THE UNCLE IN LAW !!

Gujarat High Court

Praveenkumar Udaypratap Singh vs State Of Gujarat on 5 February, 2019

Bench: Vipul M. Pancholi

R/CR.MA/24293/2018

ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 24293 of 2018

PRAVEENKUMAR UDAYPRATAP SINGH
Versus
STATE OF GUJARAT


Appearance:
ADITYA A CHOKSI(7835) for the PETITIONER(s) No. 1
MS SHRUTI PATHAK APP(2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 05/02/2019

ORAL ORDER

  1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant­accused has prayed for anticipatory bail in connection with the FIR being C.R. No. I- 83/2018 registered with Songadh Police Station, Tapi for the offenses punishable under Sections 498A, 323, 503, 506(2) and 114 of the Indian Penal Code and under Sections 3, 5 and 7 of the Dowry Prohibition Act.
  2. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.
  3. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition R/CR.MA/24293/2018 ORDER of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.
  4. Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail and pointed out from the investigation papers that the amount as stated in the FIR is transferred in the bank account of the applicant. She further contended that there is specific allegation in the FIR about the torture given by the applicant at Bengalore and, therefore, this Court may not exercise the discretion in favour of the applicant.
  5. Having heard the learned advocates for the parties and perusing the material placed on record including investigation papers and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant.
  6. This Court has considered the following aspects, (a) FIR is filed for the offence under Section 498A of the Indian Penal Code for the alleged incident, which has occurred at Bengalore; (b) it is not in dispute that the complainant had stayed for 12 days only at Bengalore; (c) while granting anticipatory bail to the uncle­in­law i.e. the co­accused, this Court has observed in the order dated 24.12.2018 passed in Criminal Misc. Application No.22364/2018 that “attention is drawn to the allegations in the FIR itself where it is coming out that the expenditure of marriage, which took place at Uttar Pradesh, was footed by the family of the applicant and the incident of settling the accounts thereafter“. Thus from the said observation made by this Court, the contention of learned advocate for the applicant about the transfer of the money in the account of the present applicant or parent is supported by the said observation. Therefore in view of the above facts, the custodial interrogation of the applicant is not required.
  7. This Court has also taken into consideration the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors., reported at [2011] 1 SCC 694, wherein the Hon’ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 665.
  8. In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with a FIR being C.R. No. I-83/2018 registered with Songadh Police Station, Tapi on his executing a personal bond of Rs.10,000/­ (Rupees Ten Thousand Only) with one surety of like amount on the following conditions: (a) shall cooperate with the investigation and make himself available for interrogation whenever required; (b) shall remain present at concerned Police Station on 08.02.2019 between 11.00 a.m. and 2.00 p.m.; (c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; (e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change his residence till the final disposal of the case till further orders; (f) shall not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week; and (g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide it on merits;
  9. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.
  10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
  11. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J.) Gautam

Grant me bail as I’m MLA! What about normal citizen accused of #false498a #falseRape ?

A court @ Delhi, granted bail to Aam Aadmi Party’s Delhi legislator Dinesh Mohaniya, on Wednesday , June 29 2016,

Dinesh Mohaniya was arrested on the charge of “sexual harassment”

In his bail plea, Mohaniya said he is a sitting legislator and would not flee from justice !!!!

He also said that he has been falsely implicated.

Screenshot - 30_06_2016 , 14_17_10.png

11 months Jail for a FALSE rape case AFTER girl eloped. Falsity apparent says Allahabad HC & grants bail

  • Girl seems to have voluntarily eloped with the boy
  • however, claiming that the girl is only 16 years old a rape case is filed and the boy incarcerated since 08. July 2015 !! (approx 11 months)
  • Court notices and states the following “…. allegation of rape against the applicant but the same has not been corroborated by any medical evidence and surrounding circumstances is totally belies the prosecution case as well as statement under Section 164 Cr.P.C. Her medical report does not show any mark of injury, violence or sexual assault. He further submits that it is not a case of taking away or enticing away the prosecutrix as from a perusal of her statement under Section 164 Cr.P.C., it is apparent that she has voluntarily eloped with the applicant. The applicant has no criminal history. The applicant is in jail since 8.7.2015. The falsity of the case is apparent from the fact that the Nana and Baba of the applicant have also been implicated in the present case….”

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

Court No. – 4

Case :- BAIL No. – 4796 of 2016

Applicant :- Vimlesh Katheriya

Opposite Party :- State Of U.P.

Counsel for Applicant :- Jairam Bharti
Counsel for Opposite Party :- Govt. Advocate

Hon’ble Ramesh Sinha,J.

Heard Sri Jairam Bharti, learned counsel for the applicant and Ms. Sushma Shukla, learned A.G.A. appearing for the State.

It is submitted by learned counsel for the applicant that as per medical opinion, prosecutrix is 16 years. The law is settled that the margin of error in ascertaining the age by radiological examination is two years on either side and hence the possibility of the prosecutrix being major cannot be ruled out. Although, she has made an allegation of rape against the applicant but the same has not been corroborated by any medical evidence and surrounding circumstances is totally belies the prosecution case as well as statement under Section 164 Cr.P.C. Her medical report does not show any mark of injury, violence or sexual assault. He further submits that it is not a case of taking away or enticing away the prosecutrix as from a perusal of her statement under Section 164 Cr.P.C., it is apparent that she has voluntarily eloped with the applicant. The applicant has no criminal history. The applicant is in jail since 8.7.2015. The falsity of the case is apparent from the fact that the Nana and Baba of the applicant have also been implicated in the present case.

Learned A.G.A. opposed the prayer for bail.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

Let the applicant Vimlesh Katheriya involved in Case Crime No. 587 of 2015 under sections 323, 342, 363, 376 I.P.C. and 3/4 POCSO Act, police station Mishrikh, District Sitapur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

Order Date :- 14.6.2016

shiraz

Visit http://elegalix.allahabadhighcourt.in/elegalix/StartWebSearch.do for more Judgments/Orders delivered at Allahabad High Court and Its Bench at Lucknow.


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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites (this one is from Allahabad HC website). Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

Wife goes back to hubby’s place aftr a first case and compromise. She files 498a again & Hubby arrested this time ! Lesson for taking wife 498a back!

A Wife goes back to her matrimonial home after an initial complaint case and compromise on that initial case. But she leaves the matri home and files 498a (second time complaint case!). This time the Hubby is arrested! This is a good Lesson for all those planning to take back FALSE 498a filing ablaa wife!

There is grave danger in letting in someone who has evil designs of getting you arrested… The second time over they MAY file a much more stronger case! Here, in this case, the hubby is in cooler for approx 6 months before release

“….prior to filing of the present complaint case, the complainant had filed a complaint case against the petitioner, in which, compromise arrived at between the parties and the complainant went to the house of the petitioner but she again left her matrimonial home and filed the present case, which is nothing but only a glaring example of misuse of Section-498A of the Indian Penal Code….”

Say what you want, the husband IS IN JAIL and now the HC releases him on BAIL!

read full post here : http://evinayak.tumblr.com/post/122325131424/wife-goes-hubby-home-aftr-compromise-files-498a

Bail with condition of 2 lakhs pmt is onerous. Set aside & appellant released, by SC !! 498a husbands pl use !!!

Bail order with condition of 2 lakhs pmt considered onerous, set aside & appellant released!!

Why are 498a husbands regularly asked to pay MANY lakhs to the wife BEFORE bail is granted when this supreme court order says placing such onerous conditions is improper !!

Side Note : Even if surety cheque bounces surety NOT arrested !!

*****************************disclaimer**********************************

This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE

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Supreme Court of India

Sandeep Jain vs National Capital Territory Of Delhi on 18 January, 2000

Equivalent citations: AIR 2000 SC 714, 2000 (1) ALD Cri 456, 2000 CriLJ 807, JT 2000 (1) SC 166, 2000 (1) SCALE 141, (2000) 2 SCC 66

Author: K Thomas

Bench: K Thomas, M Shah

ORDER K.T. Thomas, J.

1. Leave granted.

2. Appellant is arrayed as an accused in one FIR registered on the complaint lodged by one Capt. Walia with the Defence Colony Police Station, New Delhi, for offences under Section 420 and 406 of the Indian Penal Code. He was arrested by the police on 20.10.1999 and was released on bail by the orders passed by the Metropolitan Magistrate, Patiala House, New Delhi on certain unusual conditions. As part of compliance of the conditions he executed a bond (sic) a sum of Rs. 50,000/- with two solvent sureties and one of the sureties (Inder Malhotra) issued three cheques for Rs. 2 lacs in total, to the complainant. When the cheques were dishonoured by the drawee bank the complainant moved the court for cancellation of the bail granted to the appellant. As per order dated 27.3.1999 the bail was cancel led and appellant was taken back to the prison and he is still languishing therein. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

3. Appellant moved the Session Court for releasing him on bail and when it failed he moved to the High Court for some relief. But even the High Court did not help him. The impugned order was passed by a learned Single Judge of the High Court dismissing his petition. We are told that appellant had, after he was released on bail, made a cash payment of Rs. 50,000/- to the complainant.

4. We are unable to appreciate even the first order passed by the Metropolitan Magistrate imposing the onerous condition that an accused at the FIR stage should pay a huge sum of Rs. 2 lacs to be set at liberty. If he had paid it is a different matter. But the fact that he was not able to pay that amount and in default thereof he is to languish in jail for more than 10 months now, is sufficient indication that he was unable to make up the amount. Can he be detained in custody endlessly for his inability to pay the amount in the range of Rs. 2 lacs. If the cheques issued by his surety were dishonoured, the court could perhaps have taken it as a ground to suggest to the payee of the cheques to resort to his legal remedies provided by law. Similarly if the court was dissatisfied with the conduct of the surety as for his failure to raise funds for honouring the cheques issued by him, the court could have directed the appellant to substitute him with another surety. But to keep him in prison for such a long period, that too in a case where bail would normally be granted for the offences alleged, is not only hard but improper. It must be remembered that the court has not even come to the conclusion that the allegations made in the FIR are true. That can be decided only when the trial concludes, if the case is charge-sheeted by the police.

5. It is contended by the learned Counsel for respondent that if the appellant was not in a position to abide by the conditions imposed for granting bail he should have raised his objection at that time or should have challenged the order soon after his release on bail. No doubt he should have done so at the earlier stage. But his failure to do so then cannot now be used as a bar for preventing him from approaching the court with a prayer to release him from jail. He cannot be detained in custody for long without conviction in a case of this nature.

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6. We therefore, allow this appeal and set aside the impugned judgment. We order the appellant to be released on bail on his executing a bond in a sum of Rs. 25,000/-, with two solvent sureties, to the satisfaction of the Metropolitan Magistrate, Patiala House, New Delhi.

Sandeep_Jain_vs_National_Capital_Territory_Of_Delhi_18_January,_2000_Supreme_Court_No_onerous_conditions_for_bail_

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist