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Pankaj verma   29 June 2016

Anticipatory Bail in 498A & DV Act

Respected members, my wife is from UP and i am delhi resident. My wife had given a false complaint agaist me & other family members relating to dowry demand, domestic voilation and miscarriage in october 2014 in UP. No FIR has been registered yet. One advocate told me that in case of FIR registered, I may apply for anticipatory at delhi court as I reside at delhi, so called offence occur at delhi and the police officials would arrest me from delhi thats why delhi court can give me anticipatory bail. Plz guide me whether it is correct?


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 6 Replies

Vijay Raj Mahajan (Advocate)     29 June 2016

Firstly there is no arrest made in complaint made under section 498A IPC related matters till notice is served upon under section 41,41A Cr.P.C to the accused person to appear before the Police and reply to the complaint made by the wife, and the usual process that is followed is that both parties are sent  to woman cell of police for mediation for settlement of the matrimonial dispute amicably.

Secondly there is no procedure for anticipatory bail in the state of UP.

Thirdly the wife filed complaint in UP will be investigated by UP police only, Delhi police will not come in the picture, to say that the will was staying in Delhi with you can file complaint only with Delhi Police is also wrong as she can always state (that she must have) that, both parties stayed in UP even for small period after marriage and  the act of cruelty under section 498A IPC continued in UP even when she came there from matrimonial home in Delhi by the husband and his relatives hence UP police has jurisdiction to take cognigence of the complaint.

Khush   29 June 2016

bail can be taken only if FIR is registered. 

 

Shekhar (Proprietor)     29 June 2016

In UP there is no anticipatory bail

Shekhar (Proprietor)     29 June 2016

What Mr. Vijay raj mahajan has told is correct.

Shekhar (Proprietor)     29 June 2016

As far as DV is concerned, there cannot be anticipatory bail or a regular bail. It is a CrPC case under 31 of DV Act. It is a civil case with criminal relief if court order is not followed.

Nitish Banka (lawyer)     08 June 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.

By.

Advocate Nitish Banka

9891549997

 


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