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fasle 498   14 October 2021

Sir why i need to take antici. bail in 498a if i am innocent. police should investigate throughly

sir why i need to take antici. bail in 498a if i am innocent. police should investigate throughly

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 5 Replies

Anusha Singh   14 October 2021

As per your query it is understood that you need information regarding the anticipatory bail in the case of Section 498a of IPC.

If you have any reason to believe that your wife may file a case under section 498a of IPC against you, you should immediately apply for an anticipatory bail. Once you get an anticipatory bail, you will not have to spend a single day in police custody.

Procedure to get an anticipatory bail

As soon as you hear about a complaint being filed against you under section 498A, you should take the following steps:

1.    Immediately contact a good lawyer to apply for pre-arrest notice and anticipatory bail.

2.    Draft an anticipatory bail application along with your lawyer and sign it.

3.    The application must also include an affidavit in support of it.

4.    A copy of the FIR along with other relevant documents must be attached.

5.    File the application in the Sessions court or the High court.

6.    You must send somebody with your lawyer to the court for the hearing of your application.

7.    The protection under anticipatory bail is available to you till the end of the trial.

You have to apply for anticipatory bail even if you are innocent. This step is taken to keep the alleged person out of the police custody.

Hope it helps!

 

Regards,

Anusha Singh

Dr J C Vashista (Lawyer)     14 October 2021

Why did you ask the question starting from the words inter alia, " Sir Why I need ....." ???

Giving an examination ???

minakshi bindhani   14 October 2021

As per your query concerned!

When an individual is apprehended to have committed an offence (punishable under the law for the time being in force), the machinery of law is mandated to arrest them, bring them to trial and punish them if found guilty. Arrest deprives an individual of his liberty, and the act of securing bail usually sets him free. The concept of bail is inextricably linked to the right to personal liberty.

When we talking about anticipatory bail under Section 438(1) Code of criminal procedure, 1908, lays down "when any person having a reason to believe that he may get arrested for a non-bailable offence then he can apply for anticipatory bail to the High Court or the Court of the session and it is at the discretion of the Court that whether they want to give the bail or not".

So far as section 498 A of IPC is concerned no police officer shall mechanically arrest any person until allegations are verified.

Hope it is helpful!
Regards
Minakshi Bindhani
1 Like

P. Venu (Advocate)     14 October 2021

What is the context for this query? Who has suggested/advised you to seek anticipatory bail?

Dr J C Vashista (Lawyer)     15 October 2021

Read Apex Court judgment in the case titled "Arnesh Kumar Vs. State of Bihar" wherein guidelines have been given regarding arrest of an accused.


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