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S.B _Kolkata (Service)     19 December 2009

Anticipatory Bail: In details

Can any body clear the matter. " Anticipatory bail "? What is this? Howz effets the cost? What is the appropriate time to apply for the same fighting with 498a?

And most important is that ,What are the common reasons or causes for which the court can reject the request of the same...??

In other way, what are the  important points on the basis of that court can allow to get it?



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     19 December 2009

  A person who has the reason to believe that he may be arrested on the accusation that he've committed a non-bailable offence,  he can apply in the sessions court for the grant of anticipatory bail.  When a reasonable apprehension of arrest exists,  eg. FIR is registered,  one should apply for AB. The court grants  AB when it is satisfied that the applicant / accused will not flee away and shall comply with the conditions laid down and shall cooperate with the police with the investigation.

1 Like

anuz doda (independent advocate)     19 December 2009

Dear RRRR , In addition to earlier Advocate , The Session court may grant Anticipatory Bail in 498 A case - Generally it is not granted to husband , other family members of the husband can get AB , if they are not living with the couple  or they have no connection with the demanded articles etc. Generally dowry is not the main reason for 498A cases . Other reasons are responsible for498 A cases . Disputes between MIL , SIL , the lady want to live seperate from her in laws . If you have any evidence regarding this that dispute between husband wife was not the dowry then you can easily get AB . Generally after FIR , Police start investigation , collect evidence from complainant and only after that police go for arrest and at this time you have to approach the concerning Court for AB . Best of luck . Anuz Doda Advocate 

1 Like

Poonam Upadhyay pathak (Advocate)     20 December 2009

Agree with above opinions .

S.B _Kolkata (Service)     20 December 2009

Dear Sir, I need more explanatory lines on this Matter to know the right time to apply AB before arrest..

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