Hi ,

It is learnt that  Anticipatory bails provision back in UP after about34 years. Is it effective/ in force as on date? If not can an anticipatory bail be obtained in a Sec 498a case citing the developments? If not how do I obtain an anticipatory bail given that I am from Karnataka and my wife is presently residing at UP and conteplating to file a case under Sec 498a at UP? By when would the proposed  anticipatory bail provision be back in UP?

If my wife as a result of a failed marriage files a false case under Sec 498a say at Ghaziabad UP against me a permanent resident of Bangalore Karnataka will the cops swing into action immediately and come and arrest me without any notice? If not it would be of immense help if you could briefly explain the procedure since the onset of filling the complaint at UP and the  steps required to safeguard myself & my family members?  

Regards,

Vijay.

Anticipatory Bail in 498a

Anticipatory Bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Anticipatory Bail in 498a

Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.

Grounds to argue 498a bail application

1. Old parents this ground works if parents are old.
2. Prior divorce petition pending.
3. Strong roots in society
4. Ready and willing to join investigation.
5. Vague allegations
6. Delay in filing FIR
7. Return of streedhan articles.

Courts View

Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.

This is right strategy to abate any arrest circumstances.

By.

Advocate Nitish Banka

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