MyNation Foundation Forum » Advice » 498A

Defence against false 498A allegation

(3 posts)
  • Started 6 years ago by nitinsagar1
  • Latest reply from Dr.Dsouza
  1. nitinsagar1
    Member

    hi,
    i alongwith others members have been falsely implicated in this 498A. Our bail application is pending in Hon'ble Delhi High Court. The problem is my wife has levelled a sexual molestion charge on my younger brother on a particular date. I am 100% sure that that allegation is false as on that particular date/time mentioned, i was at home and e'thing was normal. Although i am trying to think for collecting some evidences, but would you advise me whether this issue can affect our bail application. Can the court take cognizance at the time of bail or at the time of fixing of charges if at all that stage comes?

    Nitin Sagar

    Posted 6 years ago #
  2. Adv.Kachave
    Blocked

    Issue is not important , evidence in support of allegations are imprtant, if the same are baseless, mere allegations, fabricated story then you have to quash FIR U/s 482 of Cr. P.C, so move before High Court. Instead of moving Sessions Court for anticipatory bail why you moved before High Court, it may be send back to sessions.
    http://www.jaihindlegal.com 9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 6 years ago #
  3. Dr.Dsouza
    Member

    sexual molestation and 498A in one case or seperate ?
    if both are sepearte then other case will not hamper your Bail application.unless proved.
    other than getting bail try to counter with her own FIR statements if any loopholes.

    Posted 6 years ago #

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