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Sharath Crasta   26 September 2020

anticipatory bail

is an fir to be lodged to get an anticipatory bail? or is it enough to show that an fir can be lodged under 498a to get anticipatory bail? and how to get it?


Learning

 7 Replies

Varun Pawar   26 September 2020

FIR has to be lodged

Sharath Crasta   26 September 2020

Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1632 at p. 1648 : 1980 Cri LJ 1125 : (1980) 2 SCC 565, a Constitution bench of the Supreme Court has held that the filing of a First Information Report is not a condition precedent to the exercise of the power to grant anticipatory bail under S. 438 Cr.P.C. and that the imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an F.I.R. is not yet filed.
I googled it..... can you please explain it..

Dr J C Vashista (Advocate)     27 September 2020

What is the actual problem if it is not a question paper ?

Prima facie it is an examination given by you.

Sharath Crasta   27 September 2020

I got married in 2018 and my marriage lasted only for 6 months as my wife used to cut herself with knife... and threat me saying she will kill herself...... I want to file divorce petition, I have MLC, few call records and what's app chats as evidence.... as you know that there is a chance of filing FIR on me the moment my wifereceives the notice, I wanted to know can I take anticipatory bail even before she files FIR to avoid these situation... thank you

SHEKHAR MISHRA (public servant)     27 September 2020

FIR not necessary for anticipatory bail.

Sharath Crasta   27 September 2020

when I asked my lawyer he said anticipatory bail can be taken only after filing FIR... hence wanted to confirm sir..... and thank you all for your reply🙏
1 Like

Raghav Arora   28 September 2020

FIR is not necessary. You can apply for AB solely on the grounds that you may be arrested/ an FIR may be lodged against you. The offence should be non-bailable and cognizable. 

The judgment cited by Mr. Sharath - Gurbaksh Singh Sibbia Vs State of Punjab AIR 1980 SC is the finest ruling on this case. 

You can take AB even before an FIR is filed against you. You just have to show that it is likely that an FIR will be filed against you. 

 

https://www.lawyersclubindia.com/learning/ - Learn more about the law.


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