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manish chaturvedi   04 July 2022

ANTICIPATORY BAIL ON 498A AMD 313

SIR QUERY REGARDING ANTICIPATORY BAIL FROM LOWER COURT ON FALSE CASE OF 498A AND 313 . WHAT IS CHANCE OF GETTING BAIL. WHAT SHOULD I ANSWER IF JUDGE ASK WHY YOU DON'T WANT TO TAKE HER BACK.


Quick Summary
This discussion addresses the possibility of obtaining anticipatory bail in cases involving charges under Section 498A and 313 of the Indian Penal Code, particularly when the accusations are believed to be false. It outlines the conditions courts consider when granting bail, such as ensuring the accused will not abscond, tamper with evidence, or threaten victims. The advice suggests that if you receive a notice of arrest, you have a window to file for anticipatory bail, and reassures armed forces personnel that hasty arrests are generally avoided in such circumstances.

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 July 2022

The investigating officer will send you a notice of arrest 7 days before arresting you. In this time period, you can file for an anticipatory bail.

Sourav Das (Advocate Supreme Court of India)     05 July 2022

Dear client,

 

While filing application for anticipatory bail or regular bail, you have to satisfy court that-

1) accused will not abscond,  and/or

2) accused will not threaten victim or witness, and/or

3) accused will not tamper evidence, and/or

4) accused will cooperate with investigation process. 

On satisfaction,  court may grant bail.

 

You may avail my assistance. 

manish chaturvedi   05 July 2022

I AM A ARMED FORCE PERSONNEL STILL THEY WILL ARREST ME.

P. Venu (Advocate)     15 July 2022

In such cases Police are instruction not to make any hasty arrests. There is nothing to be concerned if the charges are really false.


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