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Anticipatory Bail

(Querist) 27 October 2008 This query is : Resolved 
A ORDER UNDER 156(3) OF crpc FOR THE OFFENCE UNDER 406,420,467,468,471 HAS BEEN PASSED BY THE JUDGE AGAINST MY FATHER.. IN REALTY MOST OF THE ALLEGATION ARE FALSE AS PER RECORD. NOW I WANT TO FILE APPLICATION FOR THE ANTICIPATORY BAIL. CAN I SUCCEED
deepak kumar (Expert) 27 October 2008
sucess or failure of anticipatory bail application depends on various factors such as nature of allegation, specific role played by accused in commission of offence,apprhnsion of arrst, social standing of the accused etc.
if allegations are false as per record then annex the documents with bail application and you will have a fair chance of obtaining bail.
Kiran Kumar (Expert) 27 October 2008
well it will depend upon the facts and circumstances of the case and only after going throught the complaint and the order of the magistrate the opinion can be given.
smilingadvocate (Expert) 27 October 2008
The very anticipatory Bail is not available for all the circumstances and all the cases there certain grounds available for the purpose of obtaining the anticipatory bail such, age, occupation, and the nature gravitiy ofcircumstances in which offence iscommitted 2) the position and status of accused with reference tothe civtimand witnesses 3) thelikelihood of acued fleeing from justice4) repreating ofoffence 5)tampering of witnesses hisory of the case and it is to be shown tothe court that the accused will not mendle with the investigation or influence the investigation and any of health grounds would give best grounds for anticipatory bail and you can see no court will see whether the allegations are true or not
K.C.Suresh (Expert) 28 October 2008
You can try with the assistance of a competent lawyer. Deepak, Kiran and email id advocate has given the further details.
sanjay kumar patibandla (Expert) 28 October 2008
if you are right,file all the relevant documents and explain to the court clearly. but granting of anticipatory is always discretionary power of the court
Adv.Shine Thomas (Expert) 06 November 2008
Yes,you can try.


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