Anticipatory bail
Neetu Agarwal
(Querist) 06 November 2017
This query is : Resolved
Hi,
Can someone pls provide me info about anticipatory bail? Can anticipatory bail be taken by accused even before the case has been lodged by the victim? One of my acquaintance has been beaten up by her husband and in laws. She somehow managed to call police and her inlaws were taken to the police station. However she didnt file any complaint as they apologised and assured that it would not happen in future. Now as they are aware of the sections under which they can be booked in the future, can they take anticipatory bail prior to lodging of complaint by the victim in the future?
Thanks
Regards,
Neetu
Vijay Raj Mahajan
(Expert) 06 November 2017
No. Anticipatory bail can be granted only if FIR registered by Police not on presumption that it may be done in future.
Kiran Kumar
(Expert) 07 November 2017
Anticipatory Bail is not something which is matter of right. A court would not grant anticipatory bail merely on the basis of assumptions and presumptions. And in the absence of any complaint/FIR there is no question of granting anticipatory bail in such matters. The husband and his family cannot procure anticipatory bail orders as a preventive tool prior to registration of FIR or lodging of complaint.
Rajendra K Goyal
(Expert) 07 November 2017
Anticipatory bail can not be granted only on the basis of assumptions.
Dr J C Vashista
(Expert) 08 November 2017
Well advised by experts, I fully agree and appreciate their analyses and acumen.
Application for AB can be entertained after lodging FIR but not before that.