Is Anticipatory Bail valid of Delhi is Valid in UP

It is valid in the jurisdiction of the bail granting authority only. Hence, Delhi bail is not valid in UP.

V K Khanna

Experts

Pls clarify if anti--- bail is not available in UP , Stay of Arrest is available

What is the procedure of stay of arrest

is this applicable after issue of arrest warrent or before that

Regards

P C gautam
 

Stay of arrest is applicable only after issuance of arrest of warrant.

I differ from the opinion of Mr. Kaushik.

After lodging of the F.I.R., the accused has a right to move to High Court by prefering a Petition under Section 482 Cr.P.C. for quashing of F.I.R. and if the petitioner Prima Facie make his case, the High Court stay the arrest till filling of Charge Sheet or next listing, which ever is earlier.

In such circumstances, the issuance of warrent of arrest does not arise because the Police get authority to arrest immediately of lodging of F.I.R.

Even if no anticipartory bail provision is there is UP still you can get intrim bail from sessions court ot HC.

Dear Shashi Ji

There is no FIR lodge yet, my wife is threatening me that he will file a case for 498A, as a protection, can i get interim bail for me and my family with any case lodge or any FIR, for safety

Group Many thank for all your kind support

Pleae advice

Rohit

You can go to the court only after FIR and not earlier.

Be political and try to deffuse problem earlier.

Repeated query.

Shashi Ji,

There is no provision of interim bail in U.P. The Sessions Court or the High Court do not consider the applicartion for Interim Bail. However, in case the accused files any petition before High Court, the High Court may pass order for Interim Bail. It is so in rare of the rarest cases.

Please search SC citations wherein Jusrtice Jatju has given clear direction that till the UP gove puts back the AB provision sessions court must give untrim bail.

Regarding HC the Allahabad HC have given no of decisons on lines of earlier SC decisions giving relief.

Please read Justice KATJU OF SC.

AND HC IN RECENT CASE OF RAKHI SAWANT HAS STAYED THE CASE IN LOWER COURT AND NEXT HEARING IS FOR QUASH OF FIR.

Mr Rohit

I have given reply at other place of your query

Mr Bechara....................

Dear Rohit

Pls read my reply given to Jagjit

Mr Bechara..............................

Res Shashi Kumar

Justice Katju gave the judgement long back in 2008 and do you think the courts in UP have followed? or UP Govt has folllowed the directions as per judgement?

Any how I am posting the relevant judgement.

Mr Bechara...........................a free helping hand to litigants