Manav Kalia (Arguing my own cases..) 22 September 2011

Question on anticipatory bail..

Can you get anticipatory bail on the basis of CAW complaint even tho the FIR has not been registered yet. Why I am asking is because I applied for AB on the basis of CAW complaint and apparently the judge was not convinced about FIR being lodged so he gave a pre arrest notice of two working days to me to get bail.

Now a CAW complaint has been sent to my parents. So what should my parents do to ensure they get AB and not pre arrest notice. The point of AB is redundant if you have to wait for the FIR to be lodged. Or am I missing something from the picture? Please advise. Thanks..

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13 Replies

A.VIVEK ADVOCATE (ADVOCATE) 22 September 2011

let me know where are you , for which offence you wants AB ,which court do you have approched for AB

Manav Kalia (Arguing my own cases..) 22 September 2011

Cases are in DWARKA courts, CAW was also in dwarka, Delhi. AB was applied in dwarka courts. Following is copy of court proceedings in the matter of bail : 20.07.2011 Present: Ld. App for state with IO complainant with counsel for the appellant So, for no case has been registered as such there is no cogent reason to apprehend arrest. The application, as such has no merit and is dismissed. It is however, observed that should the police makeup it mind to register a case in the basis of pen pending complaint, two days working notice shall be given to the applicant before registration of the case by the police xxxx ASJ.

Manav Kalia (Arguing my own cases..) 22 September 2011

Don't have any idea about specific offence for AB, as I have no idea about what is in complaint file. Since dv is already going on I am assuming that offence would be 498a. But it might be some other offences also. Thanks..

adv. rajeev ( rajoo ) (practicing advocate) 22 September 2011

Even FIR is not necessary to take the AB.

Manav Kalia (Arguing my own cases..) 22 September 2011

Then what might be the reason that the AB was denied and I got a pre arrest notice of two working days instead? Thanks..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 22 September 2011

I already explained to you, the complete procedure.

Manav Kalia (Arguing my own cases..) 22 September 2011

That you did, but I had posted the message before I talked to you, so after talking to you, now there is no problem.. :-)

Dharashini (Technical writer) 23 March 2012

Hi !

My name is dharshini basically from chennail. I got married at Feb 2011, and my husdand is working in Bombay. Actually my husband married me due to their family memeber compulsion. After marriage, he start harassing me in various manners. Due to some problems, he dropped me to my parents house at october month [2011]. Then he doesn`t contact me, their father and mother also. I use to contact but no response. So, i send abuse message to my husband. See, suddenly they lodged complain in Local police station for that SMS in January 2012. Anyhow that matter has been solved. Suddenly, they issued me the divorce notice to me. Afterthat we also lodged a complain about my husband and mother-in law in woment Police station. Police also called up enquiry purpose, only mother-in law came for enquiy purpose. For their they asked time for 10 days to report to station. In the meanwhile they applied for Anticipatory bail and waiting for that bail. Normally, how many days they can get the approval for Bail from the court? Now We dont know what to do ? Please suggest me