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chandra mohan (power)     28 August 2011

Anticipatory bail in 498a

If Anticipatory bail  is difficult at her native place court then is interstate transit bail from rsidential state will work in their native place to prevent arrest?

many experts had replied in Jaswinder question that If 498a is filed in mumbai then AB should be from mumbai only which is not correct it seems. The AB taken from chennai shall work in cases filed in mumbai for 498a, I think.

please solve my problem and reply for interstate transit bail.


 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 August 2011

You are right. AB can be sought from anywhere against the anticipated proceeding pending before a particular police station.

1 Like

Kiran Kumar (Lawyer)     28 August 2011

the transit bail is for a limited time....once you reach the jurisdiction of the parent court, you will have file the AB before the court of competent jurisdiction.


1 Like

Advocate M.Bhadra   28 August 2011

Anticipatory bail in other jurisdiction may be rejected by the court,if you are apprehend for arrest you can file a petition u/sec.438 of Cr.P.C. through a Lawyer in District Court or High Court for anticipatory bail.

1 Like

chandra mohan (power)     28 August 2011

sir is it possible to approach directly to supreme court for AB since it is near and easy place for me. DC and HC are far awa and they are influential people in thatt region so its fair possible to influence my AB rejection even its a false case.

Nitish Banka (lawyer)     22 April 2018

Posted by: Nitish Banka  Categories: Criminal Law 


Anticipatory Bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Image result for anticipatory bail

Anticipatory Bail in 498a

Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.

Grounds to argue 498a bail application

  1. Old parents this ground works if parents are old.
  2. Prior divorce petition pending.
  3. Strong roots in society
  4. Ready and willing to join investigation.
  5. Vague allegations
  6. Delay in filing FIR
  7. Return of streedhan articles.

Courts View

Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.

This is right strategy to abate any arrest circumstances.


Advocate Nitish Banka



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