Can I File Discharge Petition Before Taking Bail. | Vkeel - Free Legal Advice

****k

Ghaziabad

A case u/s 498a, 323, 504, 506 was filed against us. i am younger brother in law of complainant. Chargesheet was filed by police. yet only my brother(husband) has taken bail. Charges are not framed yet. I,(Younger brother), want to file discharge petition u/s 239 of Crpc. So my question is that CAN I FILE DISCHARGE PETITION BEFORE MAGISTRATE WITHOUT TAKING BAIL. (My one lawyer has advised that I can file discharge petition other said first I have to take bail) please help.

Expert's Answers(3)

Advocate V B Sumanth
Guntur, Andhra Pradesh

we must clarify you r in jail or not your name in fir r not if your name in fir , if you are in jail first take bail you are not in jail apply for antispatory bail after that you file discharge petition .

March 1, 2020
Kishan Retired Judge ( Advocate)
Bengaluru, Karnataka

184 Client Ratings

Dear Sir, You cannot file discharge application without taking a formal bail. Get prepare discharge application from experienced lawyer practicing exclusively on criminal side.

February 28, 2020
Advocate Suneel Moudgil
Panipat, Haryana

40 Client Ratings

if your name was mentioned in the FIR or charge sheet? query is not clear, discharge cannot be filed without taking bail,

February 27, 2020