V Kumar Singh (consultant) 20 June 2010

Validity of Anticipatory Bail of other state in UP

Respected Members,

A lives(Domicile) in Karntaka and B filed 498a against him in Uttarpradesh where A Never went, and Uttarpradesh do not have provision of Anticipatory ,except stay on arrest from allahabad high court. Now if A takes Anticipatory/Transit Bail form Karnataka State then what is the validity of this Bail in Uttarpradesh while granting Permanent Bail.

Can Police arrest the accused who enters in uttarpradesh with Anticipatory/Transit Bail, from Karnataka?

Can Judge in uttarpradesh reject or delay his Permamnet Bail Application and can send him JC even after getting Anticipatory Bail from Other State(Karnataka).

Please reply !

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 21 June 2010

Application for Anticipatory bail can be filed in Karnataka before the concerned Dist Court because he is likely to be arrested. Anticipatory bail is valid in the Uttarpradesh also in my opinion.

You frnd can do onething challenge the FIR in the high court of Uttarpradesh. he can sought for the uashing of FIR

G. ARAVINTHAN (Legal Consultant / Solicitor) 21 June 2010

Any anticipatory bail can be valid against the crime number or the defacto complainant only withing the jurisdiction of the concerned police station

V Kumar Singh (consultant) 21 June 2010

But in this case the jurisdiction of UP Police itself wrong, Case should have filed in karnataka ,as accused never went UP and B live with A in karnataka, She mentioned the same in her Complaint.

Hence the case filed in UP itself wrong.