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anticipatory bail prior to lodge fir/498a

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Can a husband appeal to the court for his Anticipatory bail even before lodging FIR or 498a by his wife? If he can, then what will be the duration and condition of this bail?
 
 
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Practicing Advocate

 An application for Anticipatory bail can be filed even before lodging FIR, if sufficient and reasonable apprehension of false implication exist.


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Lawyer

Court will not entertain this type of apllication, because how u will show that there is an apprehension of arrest, without lodging of an FIR.


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Legal Advisor

No court will grant anticipatory bail without FIR.


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Eye Specialist

 Khaleel ji is right. I agree with him.

 
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Anticipatory bail can b obtained without having any complaint lodge against the application. The Applicant needs to satisfy the court that there is sufficient ground for his apprehension for his arrest in respect of non bailable offences.

In many cases i have obtained ab without having lodged any cr against the applicant.

The law is very clear . it is asking only for having apprehension on the basis of sufficient facts. Even if any threat is given by wife to husband that she is going to file 498-A complaint against the husband and his family members, even in such case, persons are entitled to seek for anticipatory bail .

This is now settled law.

if any one wishes to have any information on this then may call me on 9870112826

 
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Lawyer

lodging of FIR is not sine qua for applying anticipatory bail

but at the same end no blanket order can be passed

rest all LD frinds are right

 
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adv ramesh is right.

 
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Advocate

Agreed with archana and Ramesh.Justice Chandrachud, Ex-Chief justice of India speaking for the Court in the classic case of Anticipatory had dealt in details the Scope of Anticipatory bail as reported in : 1980-CAR-0189-SC.


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Advocate

anticipatory bail can be granted as the case would be pending in Women Cell or it soon would be reffered to Police if not yet done and ultimately.......FIR would be lodged....so one can apply for AB ...BUT..............it would not be called an Anticipatory Bail...........friend.....

It would be that a week's time would be given to you ........ prior to lodging of FIR......so that you can apply for relief/ bail in appropriate court of law........ 

one advice....ask ur lawyer to file a case u/s 211 IPC............. against the girl and her family for falsely implicating you in the case.............or ............ GOD BLESS........


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