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S.B _Kolkata (Service)     24 December 2009

Anticipatory bail prior to lodge FIR/498a


Can a husband appeal to the court for his Anticipatory bail even before lodging FIR or 498a by his wife? If he can, then what will be the duration and condition of this bail?


 26 Replies

Adv Archana Deshmukh (Practicing Advocate)     24 December 2009

 An application for Anticipatory bail can be filed even before lodging FIR, if sufficient and reasonable apprehension of false implication exist.

1 Like

Ashok Yadav (Lawyer)     25 December 2009

Court will not entertain this type of apllication, because how u will show that there is an apprehension of arrest, without lodging of an FIR.

1 Like

Khaleel Ahmed (Legal Advisor)     25 December 2009

No court will grant anticipatory bail without FIR.

1 Like

DR.SANAT KUMAR DASH (Eye Specialist)     25 December 2009

 Khaleel ji is right. I agree with him.

Adv ramesh chheda (prop)     10 January 2010

Anticipatory bail can b obtained without having any complaint lodge against the application. The Applicant needs to satisfy the court that there is sufficient ground for his apprehension for his arrest in respect of non bailable offences.

In many cases i have obtained ab without having lodged any cr against the applicant.

The law is very clear . it is asking only for having apprehension on the basis of sufficient facts. Even if any threat is given by wife to husband that she is going to file 498-A complaint against the husband and his family members, even in such case, persons are entitled to seek for anticipatory bail .

This is now settled law.

if any one wishes to have any information on this then may call me on 9870112826

Raghav Sood (Lawyer)     10 January 2010

lodging of FIR is not sine qua for applying anticipatory bail

but at the same end no blanket order can be passed

rest all LD frinds are right

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     10 January 2010

adv ramesh is right.

N.K.Assumi (Advocate)     01 February 2010

Agreed with archana and Ramesh.Justice Chandrachud, Ex-Chief justice of India speaking for the Court in the classic case of Anticipatory had dealt in details the Scope of Anticipatory bail as reported in : 1980-CAR-0189-SC.

1 Like

Alok Motan (Advocate)     01 February 2010

anticipatory bail can be granted as the case would be pending in Women Cell or it soon would be reffered to Police if not yet done and ultimately.......FIR would be lodged....so one can apply for AB ...BUT..............it would not be called an Anticipatory Bail...........friend.....

It would be that a week's time would be given to you ........ prior to lodging of FIR......so that you can apply for relief/ bail in appropriate court of law........ 

one advice....ask ur lawyer to file a case u/s 211 IPC............. against the girl and her family for falsely implicating you in the case.............or ............ GOD BLESS........

1 Like

Rupender Sheoran (lawyer)     05 February 2010

Hi all, i have filed an AB on the complaint in women cell. can any 1 help me with some related judgements? thx

N.K.Assumi (Advocate)     06 February 2010

Go through the citation I have gicven above passed by the Supreme Court. That is the Bible of Anticipatory bail.

N.K.Assumi (Advocate)     06 February 2010

Regarding FIR it is immaterial whether FIR is lodged or not for Anticipatort bail and that matter had been made clear in the citation I have quoted above. The only requirement is that the applicant should have imminent fear of arrest by the police and not a mere fear or imaginary fear.All the best.

Rupender Sheoran (lawyer)     06 February 2010

thanx for thr reply...im not able to find the citation..plz do me a favour..send it to advocate.rupender@gmail.com  ...thnx in advance

Foreign Marriage (Mgr)     27 March 2010

Im happy that myself and my aged parents got AB today without fir being filed. What the judge looks for is 'merit' in each case. A well written petition with detailed evidence and compelling presentation before the judge by a good lawyer will most certainly work. In this case we presented the offensive emails and sms'es that my rogue wife sent me after i filed for divorce . Will come to know the duration and condition within few more days. But as of now we scored moral victory against the draconian DV act.

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