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Rahul   15 May 2023

Anticipatory bail

My friend is in jail custody for a forgery case. Where the application filed cased against him that my fried cheated his father by transferring physically held shares of diff company and to my friends wife's account and later on sold them. Where as my friend is saying his client told him to do so and give him cash after selling shares. He wanted to do this  because his doesn't want to show the money to his (clients son) children.  Now my friend is in Jc and his wife is in PC. 

Clients son told that my friend as doefed his father's documents to do all this things.

Now the points is the client's ( whose shares was transfer) demat  account was opened under my wife's sub broking franchise, which I was looking after. I was not aware of these things earlier. Now I feared that police can take me and my wife in the custody for investigation. As the account was opened under my wife's franchise.

Can police do so? Shall I take am anticipatory bail for myself and my wife. Though  there is no moneytary connection between me and my friend. And I really don't know about this. 


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     16 May 2023

If you are not involved in this scam then you need not be worried about it, if at all the police is likely to take any action you can then file an applicaiton for antiipatory bail and not before that

Dr J C Vashista (Advocate)     16 May 2023

Do get perturbed about the problem of your "friend".

The accused "friend" is already stated to have been arrested and under custody, hence anticipatory bail is not maintainable.


Real Soul.... (LEGAL)     16 May 2023

Since you apprehend arrest , it is  better to seek bail in anticipation.

Niharika Lohan   18 May 2023

Hi Rahul, it is not an impossibility that the police might arrest you during the on going investigation.

In my opinion you should hire a prudent lawyer and get yourself on the safe zone by applying for an anticipatory bail. You should also keep all your records, accounts and documentation ready that if in case the cops arrive your lawyer has all required and important paper work to keep you out of trouble. Additionally, try and find a lawyer who has good terms with Police officials so as to keep troubles at the farthest bay.

I will also suggest you to not be present in your regular places, spots until your lawyer has made a representation before the police/IO. Make sure that the lawyer you hire, also keeps in touch with the on going investigation and the statements of the arrested persons recorded under sec.161, CrPC, as that will have a direct effect on your case too.

I've attached an article on anticipatory bail for your convenience, which will give you a clearer idea.

Hope this information helps. For further query, you can reach me at

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