Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vijay (law student)     02 March 2012

Reg: anticipatory bail in u.p.

Hi Everybody,

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?

Regards,



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 March 2012

Querist,

Anticipatory Bail is not applicable in UP, which was taken out for political reasons. However courts have devised a mechanism of what is known as the 'same day bail' under Section 482 CrPC and stay of arrest. In which the court would hear your application u/s 482 on the same day, if they give you bail - after notional surrender you'd be remain at large. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 March 2012

There is also a citation of SC that even sessions court should give bail even if no AB  is there.

vikas (manager)     28 March 2012

yes under amravati and others vs state of UP and lal kamlendra vs state of UP and others the provision of interim bail is there in UP and 7 judge bench of allahabad high court in supra case(joginder kumar and others vs state of Up) which was later approved by supreme court that interim bail can be granted by session court. but only after the matter go to court. The moment any FIR being lodged you just file in allahabad high court sec482 the quash petition and seek mediation. the allahabad high court will grant stay of arrest and send the matter to mediation. if mediation pass then it will be ok in mediation you will be harrased by mediators to pay money to girl. If mediation fail apply for regular bail the same day in lower court at 10 am and if it fails then apply the same day at 2 pm in district judge office for interim bail atleast. or go to lower court in first half and ask for interim bail and given apply the same day or next day the regular bail in district judge. Remember the judges offen abstain from giving bail if the opposition advocates oppose the bail because most of the lower court judges do not go for merit of the case but see the advocates challanges and destroy people life often.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register