Suspected filing of 498A from a remote village.Procedure for Anticipatory Bail?
3 years ago
We were staying in Hyderabad, Telangana .My wife left to Kadiri, Andhra Pradesh and has not returned to my home since 8 months.
I suspect that she is planning to file a false 498A case at a remote village where i might have trouble to reach every-time. She has CI level connections in that area..
So, how can i avoid harassment by police etc.. in such case... Can i take Anticipatory bail now itself from Hyderabad or when should i actually take an anticipatory bail and from where?
A.Pls go ahead and file anticipatory bail asap
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.anticipatory bail can be taken from sessions court or High Court.
for anticipatory bail, you not need to go.
wait for filing the complaint then take anticipatory bail.
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice. Proper advice can happen only after going through details.
for anticipatory bail, you not need to go.
wait for filing the complaint then take anticipatory bail.
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice. Proper advice can happen only after going through details.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
When no FIR has been filed:
In such a situation, there will be no grounds for granting a bail.
1.Your lawyer must request the court to grant you a pre-arrest notice instead.
2.If granted, use this pre-arrest notice period to apply for anticipatory bail.
3.If your bail application is rejected, you can apply to the High Court and further to Supreme Court.
When no FIR has been filed:
In such a situation, there will be no grounds for granting a bail.
1.Your lawyer must request the court to grant you a pre-arrest notice instead.
2.If granted, use this pre-arrest notice period to apply for anticipatory bail.
3.If your bail application is rejected, you can apply to the High Court and further to Supreme Court.
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A.Hi,
Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. It is only issued by the Sessions Court and High Court.
When any person apprehends that there is a move to get him arrested on false or trumped-up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, he has the right to move the court of Session or the High Court under section 438(1) of the code of Criminal Procedure for grant of bail in the event of his arrest for a cognizable or non-cognizable offence, and the court may if it thinks fit, direct that in the event of such arrest, he shall be released on bail. Anticipatory bail can be granted by Sessions Court and High Court.
Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. It is only issued by the Sessions Court and High Court.
When any person apprehends that there is a move to get him arrested on false or trumped-up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, he has the right to move the court of Session or the High Court under section 438(1) of the code of Criminal Procedure for grant of bail in the event of his arrest for a cognizable or non-cognizable offence, and the court may if it thinks fit, direct that in the event of such arrest, he shall be released on bail. Anticipatory bail can be granted by Sessions Court and High Court.
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