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Another Victim (Engineer)     07 December 2013

498a ab not applicable untill fir registered

Hi,

 

I have already put my story some time back. Thanks for suggestions.

https://www.lawyersclubindia.com/forum/New-false-dowry-case-to-be-put-on-me-new-88244.asp

N
ow I am very clear they are about to put false dowry & other cases on me. as contacted Rajasthan police & advocates they Said Anticipatory bail is not provided in Rajasthan untill case is registered.

Because they have demanded 16.50 lacs from us. That we refused to give.

How can i get rid of get arrested & family & relatives.

How long AB is applicable & what are the steps to extend it if required & charges.

Please suggest or advocates will ask for huge money.



Learning

 5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 December 2013

read section 438 of crpc.. it is clearly mentioned that if apprehension to registered a non bailable offence then thr AB can filed.

Another Victim (Engineer)     09 December 2013

Thanks ,

 

other wise i have filled section 9 in ludhiana


(Guest)

Section 438 of the Code of Criminal Procedure, 1973 provides that when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Sessions for a direction under this section, and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

It is to be kept in mind that the filing of First Information Report (FIR) is not a condition precedent to the exercise of power under Section 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet filed. The grounds, on which the belief of the applicant is based that he may be arrested for a non-bailable offence, must be capable of being examined by the Court objectively.

Specific events and facts must be disclosed by the applicant in order to enable the Court to judge of the reasonableness of his belief, the existence of which is the sine qua non of the exercise of power conferred by the Section. The duration for the validity of the AB is stated by the Courts while granting the same and the Court grants it on the basis of the facts and evidences produced with respect to the case. 

 

To obtain an AB, get your lawyer to draft an anticipatory bail application mentioning your version of the facts of the case, and apply the same at the appropriate district court. The matter will come up for hearing. The court will have sent a notice to the CAW cell, and their officer will appear on this date, along with a public prosecutor. The Court will decide and if it thinks fit, will grant an AB.

You should consult an expert in this regard. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com

 

-Regards

Advocate Pooja

www.lawkonect.com

Another Victim (Engineer)     10 December 2013

Thanks Madam for the reply..

Could you please also let me know how much money approx required for the same in Alwar, Rajasthan   .

vishak (manager)     11 December 2013

There is no fixed fee rule for lawers, generally lawers charge bet 20k to 50k for accused AB


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