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Mahesh Yadav   30 July 2022

Police can arrest after bail application ?

FIR has been filed against me of 420, 406 & 34 as i received 41a notice on whatsapp. I had applied for Interim anticipatory bail but magistrate issued a notice to police and given date of 8th August. After police statement, decision will be taken for anticipatory bail. Tomorrow court will deliver notice to Police station. So police can arrest me or i can show bail application and bail number. Please help.
 



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 3 Replies

anubhav Bhatt   30 July 2022

Dear Client you may contact us then I'll elaborate properly about your case
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990.

Advocate Bhartesh goyal (advocate)     30 July 2022

Police has power to arrest you even if not satisfied to reply of notice u/sec 41 Cr.P.C and your anticipatory bail is pending .

Shubham Bhardwaj (Advocate)     30 July 2022

Dear Mr Yadav, 

Yes, the police is well within its rights to arrest you even if you have filed application for anticipatory bail if no interim protection has been graned by the Court. The applicant must not be apprehended because that would make the anticipatory bail application infructuous and a regular bail application will have to be filed. So, stay put until the matter comes up for hearing and interim is granted. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, Chandigarh

 

Disclaimer: - Opinion is only for guidance. 


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