14505253 06 July 2015

Anticipatory bail - police refuse to cooperate with 164 crpc

Hi,

My friend is is under Fake case filed under sec 498A, the person who make this FIR and mentioned a fact, which is 100% false because i am with him even there are other people too.

As she belongs to police family. No police person is helping us. my frind is hiding from 45 days. We all wanted to save him. after so many difficulties / presure we wanted to give our statement under 164 CrPC brfore the magistrate so that he can get the anticipatory bail .

We talked with I/O, IC in our local police they are not co-operating with this statement. Even we tried to talk with SP. They even did not give us a minute to talk.

Now the situation is they just wanted him and give him 3rd degree. after that police will help us for statement under 164 CrPC. They saild that "that will make a CD in a way so that he can't get the anticipatory bail.

In this case who will help us to give me and other for statement under 164 CrPC brfore the magistrate.

Please please help us.....please................

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7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 06 July 2015

Sir,

Why would you want your statement be recorded u/s 164 Cr.P.C. Better is to take a anticipatory bail or regaular bail from the Court and seek police protection as well.

Warm Regards

Kapil Chandna Advocate

9899011450

Advocate M.Bhadra 06 July 2015

To get anticipatory bail for a case u/sec.498a IPC no need to 164 Cr.P.C.statement,file an aplication under section 438 Cr.P.C. in District Court or High Court with a prayer to direct the I.O.call for C.D.,seize the Stridhan and issue notice u/sec.41 Cr.P.C.

legaljoe68 (member) 06 July 2015

takes certified copy of the First Information report and get directions from the Honourable High Court Article 226 .place all facts before the court. take anticipatory bail from distirct court. . police can harass his family ensure. engage experienced criminal lawyer.

14505253 07 July 2015

Hi,

thank you all for this information. things have gone beyond our hand. Anticipatory bail has been rejected by the high court, as our advocate turned into their side.

Secondly we talked with an advocate, he said we can again file anticipatory bail before the high court BUT for this we need some new ground.

He suggest me, as we all present in that place no incident happened like she mentioned in the FIR, so it would be good to give a statement under 164 CrPC. Then no one can stop you to get Anticipatory bail.

BUT police is no even interested to talk with us. We already talked with IO, IC, SP they said sorry we can’t help you, we are already working under a big pressure. Please tell me if police will not help us then who will?

Please suggest me a way....please

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE) 02 August 2015

this is not proper if you wait for 164 Cr.P.C you should apply for anticipatory bail or bail u/s 437 crpc before court having proper jurisdiction.

maneesh 02 August 2015

The Judgment in the matter between: Arnesh Kumar vs State Of Bihar & Anr of the Apex Court may help you as the SC has virtually put an end to direct arrest in 498A cases. And yes, better secure anticipatory bail before venturing into any 'co-operation' with the investigation.