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Rohit (Private)     14 December 2010

Anticipatory Bail in UP for 498A

Dear Sir

Please advice how to get Anticipatory bail from UP if i belongs to Delhi and my wife is from UP against Sec498

Thank you

 

Rohit



 14 Replies

SACHIN AGARWAL (ADVOCATE)     14 December 2010

The provisions of Section 438 Cr.P.C. for anticipatory bail are not applicable in U.P. as a result of which you cannot get anticipatory bail in U.P.

 

However, you have an option to file a petition before High Court to quash the F.I.R. and may pray for stay of arrest, which you may get, if you have some grounds. You can contact some Lawyer.

SACHIN AGARWAL (ADVOCATE)     14 December 2010

It is better to ask your Lawyer in the matter. He might have given the undertaking to this effect in the bail application or in the affidavit.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 December 2010

If case is filed in UP still you can get intrim bail from sessions court .

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     16 December 2010

M unable to understand as to y the members r misguiding the visitors regarding the provision of AB in UP. Dear members of LCI kindly note it down that the provision of AB has been back in UP after a long period of 30 years. It happened 3-4 months earlier.

1 Like

Rohit (Private)     17 December 2010

Dear Rakhi

Thanks for the advice

Do you know any friend of yours who can help us in having AB in UP, please provide his contact details.

against 498A.

Thanks

Rohit

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 December 2010

RAKHI MADAM YOU ARE PROVIDING MIS INFORMATION.

You are an advocate pl give the act, its passing and date of notification for AB provision in UP.

Anticipartory bail provision is not there in  UP BUT STILL AS PER SC DIRECTIONS HIGHER COURTS CAN GIVE INTRIM BAIL.


(Guest)

Res Shashi Ji

The UP cabinet has approved the bill  only for the amendement in the Sec.437 CrPC for having ancipatory law provisions in UP .

Bill has not become act upto now .

Wait for another time and UP shall have anticipatory law provisions

Mr Bechara........................

Ram Singh (fsdffsdf)     01 March 2011

I got arresting stay and case transfer to medation center allahabad. If medation failed than what I have to do..please advise.

SACHIN AGARWAL (ADVOCATE)     01 March 2011

Rakhi Madam,

The provision of AB has not been made applicable in U.P. so far. However, it is under process and may start very shortly.

 

 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 July 2011

I'm surprised to see your's ignorance, m sorry to say. 

SACHIN AGARWAL (ADVOCATE)     02 July 2011

Rakhi Ji,

Please give details of the G.O. or Act through which the AB has been introduced in U.P. and also the date from which it has started in U.P.

A_man Fighting for Justice (Unemployed)     02 July 2011

Rohit - don't get confused, hire a good lawyer and get an arrest stay. AB isn't there in UP, Period!

I had got arrest stay in a similar case several months back. In case you are unable to fetch an arrest stay, ask your lawyer to push for an interim bail (same day bail) which is very common in Allahabad High Court.

As I said key to your success is a GOOD LAWYER.

Where in UP has your wife lodged this FIR?

Mind you, arrest stay is only applicable until the charge sheet is not filled. Will later write you a detailed note on how to go forward.

Rohit (Private)     04 July 2011

Dear

thanks for your advice, she is from Aligarh, UP.

Please provide me your contact details so that we can contact you.

Thanks

Rohit

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.

By.

Advocate Nitish Banka

9891549997

 


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