Bail
Arjun Arjun
(Querist) 04 November 2021
This query is : Resolved
Sir,
My estranged wife complained against me in police station after 10 months of leaving my house.
Police called me in July this year. I did not go to police station.My anticipatory bail application was dismissed in sessions Court in August due to no fir registered. My anticipatory bail application is still running in high court. Can police come again and arrest me? Kindly reply
Dr J C Vashista
(Expert) 05 November 2021
As "no" FIR has been stated to have been registered no offence is committed to arrest.
What are the contents / allegations of complaint stated to have been filed by your wife ? You did not post any facts. Moreover, please appreciate that nothing can be presumed for forming an opinion and oblige by experts on this platform.
What is the opinion and advise of the lawyer engaged to proceed in Sessions and High court ?
Arjun Arjun
(Querist) 05 November 2021
Sir,
My estranged wife stated that i have tortured her physically and mentally. Also, she stated that i took diary from them. But, it is all false allegations. My advocate in sessions Court told me that there is nothing to worry as there is no fir. My advocate in high court said that I need to go to police station and answer to their queries. She also told me that my bail from sessions court will be unacceptable to police as my wife is from another district. My relative told me that this advocate took advantage of my anxiety and made easy money of Rs 30K.These are all the facts, sir.
P. Venu
(Expert) 05 November 2021
No hasty action is required in seeking anticipatory bail. However, you are required to cooperate with the Police in investigation of the complaint filed with them.
K Rajasekharan
(Expert) 05 November 2021
The order of anticipatory bail is issued when the court is convinced that there is apprehension of arrest and the arrest is quite unnecessary. Arrest is not essential in many cases.
The registration of First Information Report (FIR) is not a necessary pre-requisite for a person to apply for anticipatory bail. Anticipatory bail can be granted by the court even if no FIR is registered. However the court has wide discretion in granting bail with care and circumspection.
Similarly, if a person gets anticipatory bail from a Sessions Court, he cannot be arrested by the police, irrespective of the place of residence of the complainant. The anticipatory bail order from the Sessions Court or High Court has equal force in law.
An article on the legalities of anticipatory bail is available at https://lawwatch.in/anticipatory-bail-its-legalities/
P. Venu
(Expert) 07 November 2021
Even if anticipatory bail is sought granted, you still need to attend police station as and when required and need to cooperate with them in investigation.
Arjun Arjun
(Querist) 07 November 2021
Sir, relatives of my estranged wife used political influence on police. Hence, police can not be fair in my case. If I go to police station without bail, they will falsely book me
P. Venu
(Expert) 10 November 2021
This platform is meant for giving suggestions based on facts and the law, not assumptions and presumptions.
