Criminal defence and bail in Ghaziabad

Advocate Vishu Kushwaha has practised at the District Court, Ghaziabad since 2011. Bail and trial work is done at the Ghaziabad courts; FIR quashing, writs and bail beyond the Sessions Court go to the Allahabad High Court.

What the practice handles

Anticipatory bail

Section 482 of the BNSS (Section 438 of the old CrPC). Filed in the Sessions Court, Ghaziabad or the Allahabad High Court when a person expects arrest in a non-bailable offence.

Bail after arrest

Before the Magistrate under Section 480 of the BNSS, and before the Sessions Court or the High Court under Section 483 (Sections 437 and 439 of the old CrPC).

Default bail

If the police do not file the charge sheet within 60 or 90 days, depending on the offence, the accused can claim bail under Section 187 of the BNSS (Section 167(2) of the old CrPC).

FIR quashing

Petitions at the Allahabad High Court under Section 528 of the BNSS (Section 482 of the old CrPC) or Article 226 of the Constitution, including quashing after a settlement in matrimonial and commercial disputes.

Trial defence

Defence at trial in the Sessions and Magistrate courts, Ghaziabad, including economic offence and CBI court cases.

Cheque bounce

Complaints and defence under Section 138 of the Negotiable Instruments Act.

After an arrest

The police must produce an arrested person before a Magistrate within 24 hours (Section 58 of the BNSS). The arrested person may meet an advocate during interrogation (Section 38) and has the right to have a relative or friend told of the arrest (Section 48).

Papers for the first meeting

• Copy of the FIR or complaint
• Any police notice, such as a notice under Section 35 of the BNSS
• Arrest memo and any earlier bail order
• ID proof of the accused