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Manish (Teacher)     09 June 2018

Anticipatory bail

Dear all

One of my friend is being implicated in false case. Due to his dispute in the family, He had filed a divorce application in August 2017. After filing the Divorce his wife had dragged him in false DV. My friend is living separate fom last 6 months and now 2 days ago his wife hurted her self with a knife and rushed to the police station and filed a complaint that his husband and his girlfriend has attempted this crime.

Now investigation is under precess and we are thinking of anticipation bail. Police is not telling anything to the lawyers also. We dont know the sections even. Now please guide us what to do? Can an anticipation bail be applied without knowing the sections? we dont have even the copy of the FIR as I mentioned police is not providing and on asking replied that the investigation is under process and we cant provide it.

Please suggest.

Thanking you in advance.


 6 Replies

Siddharth Jain   09 June 2018

in which state was the FIR lodged against your friend?

Siddharth Jain   09 June 2018

To begin with, there are several judgments of the High Courts holding that FIR is a “public document” within the meaning of Section 74 of the Evidence Act. Therefore, as required under the provisions of Section 76 of the Evidence Act, certified copy of the FIR has to be given to the accused person on his request on payment of the applicable legal fees by every public officer (such as the officer in charge of the police station) having the custody of such document. In this regard, decision of the Allahabad High Court in Shyam Lal v. State of U.P., 1998 Crl. L.J. 2879; decision of the Karnataka High Court in Chnnappa Andanappa Siddareddy v. State, 1980 Crl. L.J. 1022; and decision of the Bombay High Court in Mohammed Khalid Shaikh v. State of Maharashtra [Criminal Application No. 709 of 2010 decided on 4 March 2010]; decision of the Delhi High Court in Court on its own motion v. State [WP (Crl.) No. 468/2010 decided on 6 December 2010], may be seen.

Rahul Kapoor (Legal Enthusiast)     09 June 2018

Dear Manish,

You may get the FIR online also.

Just try to get FIR number and year.

You may also file a RTI to the copy of FIR within forty eight hours.


Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     09 June 2018

Anticipatory bail is literally applied for 'in anticipation of arrest'. It is a direction to release a person on bail, issued even before the person is arrested.

If the accused has a reason to believe that s/he may be arrested on accusation of having committed a non-bailable offence, then s/he has the right to apply for an anticipatory bail in the Sessions Court or High Court.

One may apply for anticipatory bail after learning about a criminal complaint made against them to the police by their wife, or by any threats made by her family against themselves and their family.

It is also important to know whether, in cases where the FIR has been filed, the offence is bailable or non-bailable. While in the former bail in granted as a matter of right, the grant of bail in the latter is based on several contingencies.

TGK REDDI   09 June 2018

The Section of the Criminal Procedure Code your petition is to be filed under is 438.

You can move either your Sessions Court or your High Court.

Copy of FIR won't be asked for.

Good reasons for your apprehension of arrest will help you much.

Please remember, after charge sheet is filed, you can't apply for anticipatory bail.

K Rajasekharan (Advocate)     10 June 2018

As already stated above, registration of FIR is not a condition precedent for filing an application for anticipatory bail under Section 438 CrPC.  What is required for filing an application is the apprehension of the arrest of the applicant on the accusation of having committed a non-bailable offence.

The application for anticipatory bail must show that the applicant has cogent reasons to believe that he may be arrested for a non-bailable offence. The grounds for such belief will be examined by the court objectively. The Section 438 of the Code however cannot be invoked on vague and unsound presumptions.

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