False dowry and violence allegation False dowry and violence allegation

5 years ago

My friend got married in January, 2015. The couple shares a bitter relationship with the bride- Rani, always threatening to file a dowry and assault case. Ultimately she has registered an FIR alleging the same. According to plea, Loki's family had gone to rani' house on 8th July, 2018 and abused Rani and her family both physically and verbally. She has named her husband (Loki), father in law (S K), mother in law (Rajo) and one of the brothers in law (Ajit) (since he has a government job). The family is seeking anticipatory bail. Unfortunately there are not many evidences to prove what a person was doing on a Sunday (how do you prove one was sleeping at his house). The family had filed the first petition for bail for S K and ajit. It was rejected in the lower court. Ultimately the high court granted bail to SK since he attended a meeting on the said date and produced papers of the same. However, ajit stayed at home on Sunday and has no such proof and his bail petition was rejected. Kindly guide what to do now. We've little time considering constraints if govt jobs

Deepak Yashwantrao Bade

Responded 5 years ago

A.You have to consult with lawyer. you can contact with us.
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Vidhi Samaadhaan Vidhi Samaadhaan

SUMSON .T.S

Responded 5 years ago

A.It is not clear as to which sections of the indian penal code or domestic violence act is charged by the police but the case regarding dowry is an important legal issue. It is the discretion of the concern court whether to grant bail or not. If one of the accused is granted bail then there are chances of getting bail. It is adviced to settle the matter at the earliest if possible as the matter is time consuming case.
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Arpita Pratyush

Replied 5 years ago

We were trying to figure out how to prove to the court about what we were doing on Sunday. Is an alibi from a family member sufficient? Any other suggestions?

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Arpita Pratyush

Replied 5 years ago

Thank you for your suggestion sir. Much appreciated.

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SUMSON .T.S

Replied 5 years ago

Alibi can be taken as a ground while arguing the bail application. But the main thing to be kept in mind is to prove the fact that the concerned party was not in the station has to be proved beyond doubt by substantiating with ample evidence to prove the same.

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ROBERT D ROZARIO

Responded 5 years ago

A.Come on paid consultation
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Suneel Moudgil

Responded 5 years ago

A.the decision in Bail matters is completely discretion of Courts. However, an order of bail grant to SK, who produced documents regarding attending the meeting, can be placed for getting bail for ajit too. if SK was not present or benefit of doubt is given to SK, then ajit should also be given said benefit. if SK has been granted bail, others have a similar right, and version of the complainant is under heavy doubts. you are advised to engage one prudent lawyer and apply for bail.
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Arpita Pratyush

Replied 5 years ago

We were trying to figure out what evidences can we put forth to explain to the court about being at our home on Sunday. An alibi from a family? What other things?

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Arpita Pratyush

Replied 5 years ago

Thank you for your suggestions sir! Much appreciated.

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Suneel Moudgil

Replied 5 years ago

welcome,
try to understand, if SK gets the bail and court accepts his point that he was at some other place, then the version of complainant stated in FIR comes under the shadow of doubts, which will help others to get bail.

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