Anticipatory bail
Ajay
(Querist) 07 August 2011
This query is : Resolved
I got married in May 04 and my wife had been behaving weirdly since 2006.First she went to other state for higher studies in Jan06 without even telling me or my family.I filed RCR Application in Mar09.Then she came back and stayed with me for 11months in Uttarakhand and delivered a child in Mar10.She again left me in Mar10 and went to live in other city in UP for doing a Govt.job.We have been living separately since Mar10.Now i have restarted RCR proceedings in July11.Now I am being threatened for 498/DV by her and her family.
Pls guide me following;
1-Should i go for Anticipatory Bail now
2-Whether Provision of AB is Avlbl. in Uttarakhand
3-Whr to apply for AB and What is procedure for getting AB
4-Any other precaution to minimize the dmage.
Pls. guide me as i fear i may be arrested any day.Its URGENt Please.
Guest
(Expert) 07 August 2011
1. you can seek anticipatory bail
2. yes in india all the states except jammu and kashmir this provision for AB available
3. you can apply at session court in district or in highcourt in state
4. narrate the facts in a complaint in advance to the S.P. of district and also the protection officer.
also consult your local lawyer in this aspect
prabhakar singh
(Expert) 07 August 2011
Anticipatory bail provision back in UP after 34 years
PTI Jul 30, 2010, 06.28pm IST
LUCKNOW: Uttar Pradesh government on Friday approved reintroduction of the provision of anticipatory bail as provided in Indian Penal Code (IPC), a legal measure which was abolished 34 years ago.
A decision in this regard was taken at a cabinet meeting chaired by chief minister Mayawati.
However, the provision would not be applicable in murder, abduction cases and cases of SC/ST (Atrocities Prevention) Act, official sources said.
Ajay
(Querist) 07 August 2011
Wow!Thanks All for prompt response!Really appreciating.
Advocate Rajkumarlaxman
(Expert) 07 August 2011
I agree with all but AB can be got from Sessions Court it is not necsssary to go to Highcourt. if rejected in Sessions then move to HIghcourt. Diretly we cannot go to highcourt as we have still alternative remedy in lower court which is not exhausted.
M/s. Y-not legal services
(Expert) 07 August 2011
Dear, laxman sir.. For bail only we can't to go high court directly. But for a.b we can pray before high court directly sir. Am i wrong?
Swathi S Bhat
(Expert) 09 August 2011
Sir,
For getting anticipatory bail FIR must be registered. Without FIR you can't move for AB. In your case as stated by you,"Now I am being threatened for 498/DV by her and her family". So you have only threat. I hope FIR not registered. The RCR proceeding itself will protect you. When RCR proceeding is pending your wife will not succeed by filing 498-A/DV.
Ajay
(Querist) 09 August 2011
Thanks!Swathi for advice...yes FIR is yet not filed..My RCR Notice has been sent to address of my wife, which she did not receive.
Swathi S Bhat
(Expert) 13 August 2011
Mr.Ajay,
Under law, even though your wife has not received the notice, it is a deemed service. The court will pass an exparte order(in her absence). Get a decree of RCR. This will protect you from the legal hurdles. Wait for one year, even after the decree of one year, if she doesn't joined you, then it will be a fit case for getting divorce, if you are interested.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 August 2011
