Anticipatory bail


Dear Members,

I am expecting a  false 498a case , 

Just want to ask when I need to deposit money for Anticipatory bail-

when the bail order is passed??

or 

when police comes to arrest us?

I am asking this as I am not sure that my wife will be sucessfull to file FIR, as she is trying to file the case in her matrimonial place ( we got a letter for mediation from paramarsh kendra, mahila thana)  while our marriage took place in delhi and she is currently working in gurgaon, and I am living in delhi and I have several proof that her native place don't fall under the juridiction area for this case.

 

Note- I have already filed adultery case against her and whatever she is doing is a counter blast.

 
Reply   
 
Lawyer in Hyderabad.wats app no.9989324294

Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek ‘Anticipatory Bail’. This means that an individual can seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offence.

Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested.

To get anticipatory bail the person seeking it, must approach the Court of Sessions or the High Court and citing section 438 of the Criminal Procedure Code as well as giving proper reason, apply for it. If the court, based on a number of conditions and the nature of the case, sees merit in the petition the bail is granted. Hence if and when the person is arrested, he/she will be immediately released on the basis of the anticipatory bail.

 
Reply   
 



Dear Sir,

I am asking when I need to submit the money for bail???
at the time when the bail granted in the court (altough no FIR registered)

or

at the time when police comes to arrest??

 

 

 

Originally posted by : ramachary64@gmail.com


Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek ‘Anticipatory Bail’. This means that an individual can seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offence.

Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested.

To get anticipatory bail the person seeking it, must approach the Court of Sessions or the High Court and citing section 438 of the Criminal Procedure Code as well as giving proper reason, apply for it. If the court, based on a number of conditions and the nature of the case, sees merit in the petition the bail is granted. Hence if and when the person is arrested, he/she will be immediately released on the basis of the anticipatory bail.
 
Reply   
 

Dear Sir,

I am asking when I need to submit the money for bail???
at the time when the bail granted in the court (altough no FIR registered)

or

at the time when police comes to arrest??

 

 

 

Originally posted by : ramachary64@gmail.com


Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek ‘Anticipatory Bail’. This means that an individual can seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offence.

Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested.

To get anticipatory bail the person seeking it, must approach the Court of Sessions or the High Court and citing section 438 of the Criminal Procedure Code as well as giving proper reason, apply for it. If the court, based on a number of conditions and the nature of the case, sees merit in the petition the bail is granted. Hence if and when the person is arrested, he/she will be immediately released on the basis of the anticipatory bail.
 
Reply   
 
Lawyer in Hyderabad.wats app no.9989324294

At the time of granting the bail, court will ask you to deposit certain money depend upon the case severety. After paying money in the courts only court will grant the bail..This is common in every case.

 
Reply   
 
Advocate/ nadeemqureshi1@gmail.com

Dear Vivek

my opinion on your queries are as under

when I need to deposit money for Anticipatory bail-

Opinion: no need to deposit any money any where for Anticipatory Bail, engage a lawyer pay the fee to him/her and file AB before court.

 

when the bail order is passed??

Opinion: when the matter will be listed then the court pass an order it may be next 1-2 days after filing the application.

or 

when police comes to arrest us?

Opinion: police can not arrest you or your family directly in 498A case, after register the FIR the police issue a notice to join the investigation u/s 41A of Cr.P.C and if you are not ready to go and join the investigation then police can arrest other wise not but if thre is any urgent situation or circumstances then police may arrest any time but in this situation the IO shall mention the reason of urgency for arresting.

it will be better to contact a lawyer and file AB application and get bail/notice bail order from the court.

Feel Free to Call


Total likes : 1 times

 
Reply   
 
lawyer

Posted by: Nitish Banka  Categories: Criminal Law 
 

 

Anticipatory Bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Image result for anticipatory bail

Anticipatory Bail in 498a

Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.

Grounds to argue 498a bail application

  1. Old parents this ground works if parents are old.
  2. Prior divorce petition pending.
  3. Strong roots in society
  4. Ready and willing to join investigation.
  5. Vague allegations
  6. Delay in filing FIR
  7. Return of streedhan articles.

Courts View

Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.

This is right strategy to abate any arrest circumstances.

By.

Advocate Nitish Banka

9891549997

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC Course!     |    x