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fighter (Software professional)     06 February 2015

Anticipatory bail from other state and fir in another state

If FIR hasbeen registered in uttarpradesh in 498a.If accuse resides at Gujarat.Can accuse apply for Anticipatory bail in Gujarat highcourt.


 4 Replies

Balaji (Self)     06 February 2015

No you have to apply for Anticipatory bail in Uttarpradesh only where FIR has been registered.......

Nadeem Qureshi (Advocate/     06 February 2015

Dear Querist No, anticipatory can not be file in Gujrat High Court or Allahabd/Lucnow High Court because in UP there is no procedure for Anticipatory Bail and Gujrat High Court has no jurisdiction. but in Gujrat High Court, the transit Bail may file only.

Adv. Amit Anandrao Mahadeshwar (ADVOCATE)     06 February 2015

I agree with Mr. Nadeem Qureshi Sir. You will have to apply for transit bail at Gujrat. I add following guidelines issued by Hon'ble Supreme Court issued in connection with case for offence punishable U/s.498 A of IPC.

 All the State Governments to instruct its 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 17Page 18 parameters laid down above flowing from Section 41, Cr.PC; (2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii); (3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention; (4) The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention; (5) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of 18Page 19 the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing; (6) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing; (7) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction. (8) Authorising detention without recording reasons as aforesaid by the judicial 19Page 20 Magistrate concerned shall be liable for departmental action by the appropriate High Court. We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine. 

Sankaranarayanan (Advocate)     06 February 2015

Nothing more to be added. i do endorse with experts

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