Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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prem dass   04 November 2021

Anticipatory bail

Sir meri ek fir pending hai. Jo high court me quashing me hai. Only judgement aani baki hai. Mere upar 498a registered ho gai hai... Kya anticipatory bail mil sakti hai...


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 6 Replies

Dr J C Vashista (Advocate)     05 November 2021

Your lawyer is the only and best person to form proper opinion and advise.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 November 2021

498A is non-bailable. Non-bailable offenses are serious offenses where bail is a privilege and only the courts can grant it. The cases under 498A are non-bailable and bail can be granted under the discretion of the magistrate.

P. Venu (Advocate)     05 November 2021

What is the context that comples you to seek anticipatory bail? What is the present stage of the matter? Are you in recept of summons from the Trial Court?

prem dass   05 November 2021

Investigation officer is doing partiality. My wife is is not at my house since two years. Not MLR not eye witness. 

minakshi bindhani   06 November 2021

As per your query concerned!

When an FIR under Section 498A has been registered the apprehension of arrests looms, a person can seek Anticipatory bail under Section 438 Criminal Procedure Code, 1973.

The Supreme Court of India in the recent judgement of Arnesh Kumar vs. the State of Bihar has made mandatory compliance of guidelines.
All the State Governments to instruct their police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr. PC.

When no FIR has been filed, in such a situation, there will be no grounds for granting bail.

You may request the court to grant you a pre-arrest notice instead.

If granted, use this pre-arrest notice period to apply for anticipatory bail.

If your bail application is rejected, you can apply to the High Court and further to Supreme Court.

 When an FIR has been filed:

The investigating officer will send you a notice of arrest seven days before arresting you.

In this period, you can file for anticipatory bail.


Conditions based on which the anticipatory bail is granted
 

The nature and gravity of the accusation;

Reason to believe that you may be arrested.

You shall make yourself available for questioning by the police officer as and when required;

You shall not make any threat or promise to any witness. The person shall not leave India without due permission of the court.

Filing of First Information Report (FIR) is not a pre-condition for filing for anticipatory bail.

Hope it is useful!
Regards
Minakshi Bindhani

prem dass   07 November 2021

Thanks a lot... 


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