Ganesh Kumar (Software Developer) 26 January 2020

Anticipatory bail without fir in 498a dowry case

Hello, Please advice if a person can obtain anticipatory bail with regard to section 498a without an FIR against him which he suspects will be filed and if the accused suspects foul play by police in arresting without notice there by putting the accused behind bars ruining his reputation.

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5 Replies

Raveena Kataria (Advocate ) 26 January 2020

Hi! Yes, you can apply for anticipatory bail before an FIR is actually registered against you. For any more help don't hesitate to leave further queries.

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Ganesh Kumar (Software Developer) 26 January 2020

Thank you Raveena ma'am. My friend has this trouble and he is hesitating to apply for anticipatory bail as he is so convinced that he can obtain AB(anticipatory bail) only after an FIR is filed against him and he is informed of it, your reply helped him. Also please clarify if a person is absconding while an arrest warrant is issued will he be granted bail or should the person be in custody to apply for a bail.

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Advocate Suneel Moudgil (Advocate) 26 January 2020

one can apply for the anticipatory bail if he/she has an apprehension of arrest by the police, therefore, YES, your friend can apply for AB,

Advocate Suneel Moudgil (Advocate) 26 January 2020

1. anticipatory bail is applied to avoid arrest,

2. avoiding arrest warrant has no relation regarding grant/denial of bail,

3. facts and gravity of the case is considered by the Court at the time of considering bail matters,

Raveena Kataria (Advocate ) 27 January 2020

Anticipatory bail can be applied for both before and after the registration of an FIR. It's a common misconception that it can only be resorted to after the FIR has been already been registered. Regular bail can be applied for after the accused has been arrested. Also, to clarify, a person who is absconding is technically one trying to escape responsibility. Please be assured such a person may not be dealt with leniently by the court of law.