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S.B _Kolkata (Service)     20 December 2009

Right time to apply for Anticipatory Bail.498a

Generally after FIR , Police start investigation , collect evidence from complainant and only after that police go for arrest.

How long is this procedure and what is the way come to know at early stage that 498a or FIR lodge against me?

This is being asked for getting maximum time to apply for Anticipatory Bail in right time and arrest can be avoided..



 4 Replies

Devajyoti Barman (Advocate)     21 December 2009

There is no time limit. The police can arrest the accused person immediately after registration of FIR. So to avoid arrest you have to be out of your ordinary place of residence and once the FIR is lodged file a petition for anticipatory bail.

1 Like

Ashok Yadav (Lawyer)     22 December 2009

Mr. Devajyoti Barman has advise rightly. I am agree with him.

1 Like

p.sowrirajan (advocate)     26 December 2009

dear sir

make sure whether your name reflects in the fir. secondly police must be serching for you. there must be imminent danger of arrest. there is no time limit as far as my little knowldege of law says. you should convince that there is imminent danger of arrest.

regards

sowrirajan

advocate chennai

1 Like

Nitish Banka (lawyer)     08 June 2018

Posted by: Nitish Banka  Categories: Criminal Law 
 

 

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.

Image result for anticipatory bail

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

9891549997

 


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