Priyanshu kumar 18 June 2020

anticipatory bail

how get anticipatory bail on false fir in SC sc act

Quick Summary

This discussion explains how to apply for anticipatory bail, particularly when facing a false FIR. It clarifies that while anticipatory bail can be sought from the High Court or Sessions Court, it is generally not applicable to cases under the SC/ST Act due to specific legal provisions. However, recent Supreme Court rulings suggest that courts may grant anticipatory bail if no prima facie case is established against the accused.

2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 18 June 2020

Originally posted by : Priyanshu kumar
	how get anticipatory bail on false fir in SC sc act

1. Depending on type of offences in FIR, approach the state HC (thru an lawyer) and apply for bail, by following due procedures of law. You would require your personal financial /property papers and two surety for the same.

Keep Smiling .... Hemant Agarwal
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Rahul Kapoor (Legal Enthusiast) 19 June 2020

Provision of Anticipatory Bail has no application to cases under SC/ST Act as Section 18 and 18A of the special law specifically bars its application.

Recenlty supreme court has held that if no prima facie case is made out against the accused persons then courts can grant Anticipatory Bail.

Regards

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