Anticipatory bail prior to lodge FIR/498a

sad marriage

that means as on today court is getting "sms" as an evidence for the such type of cases????? Also I have some sms like this through which she cleared that she does not want to stay with my family in her matrimonial house and now started to send sms comprising of mental & physical torture. So in this situation what should I do? Can I obtain AB???

Threat is threat. No matter what the source. Video capture, Phone recordings, Voice records, emails, sms, all can be submitted as evidence. Some key points are -

1. Evidence should be 'fresh'

2. Some which reflect her in poor light, eg. very dirty language like repeated use of f-word. intimate messages to male friends etc..

3. Some which shows lot of hate towards your parents and you. 

4. Some which clearly shows she will approach police

5. Petition well written and represented inviting sympathy.  Your helplessness must come out.

Can understand that you are in tension.  Wish you the best.

i agree with alok motan.

what is the procedure to obtain AB?

The filing of First Information Report (FIR) is not a condition precedent to the exercise of power under Section 438. The imminence of a likely arrest   founded on a reasonable belief can be shown to exist even if an FIR is not yet filed.

SAVITRI AGARWAL & ORS VERSUS STATE OF MAHARASHTRA & ANR  Supreme Court

Courts are not entertaining  anticipatary bail aplicatins before regestering the FIR. But court has descretion to allow the petitions when it satisfy. 

pls give the format pf anticipatory bail us 498a

Hi

How long the AB will be valid?

Anticipatory Bail as the name suggests is bail in anticipation of arrest. When a person apprehends arrest on an accusation he may apply to the court seeking directions to be released on bail forthwith at the time of arrest. Hence contrary to popular misconceptions it is immunity from custody and not immunity from arrest.

However, I agree with Archana madam's statement, ..... if apprehension of false implication exists.

Grant of anticipatory bail is discretion of the court and not a right of the accused. It is granted after taking into account a series of factors such as gravity of offence, antecedents of offender – character, likelihood of running away or tampering with evidences.

FIR not necessary.
It can be granted on a complaint or even a strong apprehension of arrest on accusation of a non bailable offence.

Anticipatory bail once granted continues till the end of trial as per Supreme Court rulings.

without fir no bail application will be entertained.