Can i get bail before getting arrested?
Prateek Kumar Sharma
(Querist) 25 May 2014
This query is : Resolved
Sir,
I am a respective person of our society.I live in Kishanpur area,there is a characterless woman,who was fighting with her father in law's brother and they both done police complaints and cases on each other.She thinks that i am helping his father in law's brother but this is not true.So she made me her enemy and she had done a false complaint on me in Quarsi Police Station,in that complaint he wrote that in the afternoon time when noone was there in her home then me and a boy living in my nearby house went to her home and we opened her gate and we strictly caught him and we remove her clothes and try to rape her and she shouted but nobody listened her and suddenly her mother in law arrives then we ran from there. Sir this is her complaint but this is false.You know sir our colony's road is always full of peoples so you u can think that in the crowdy area she shouted but nobody listens her,Is this true? sir this is totally false you can ask from my neighbours.Sir my family is scared so much please help us please we need your help.I am a simple person.I lives happily with my family but when my family hears about this case till then they are always crying and they are scared. I want to know is there any chances of not going to jail and solve this case outside. can i get bail before getting arrested?
Devajyoti Barman
(Expert) 25 May 2014
It appears a FIR is already registered. If that is so then do take bail first.
Once that is done then face trial to prove your innocence.
If you have done nothing then do not worry, the accusation will not be proved.
Prateek Kumar Sharma
(Querist) 25 May 2014
yes FIR is registered but i am not arrested. I don't want to go jail can i get anticipatory bail befor getting arrested?
Devajyoti Barman
(Expert) 25 May 2014
Yes, do apply for anticipatory bail, preferably from high curt.
Prateek Kumar Sharma
(Querist) 25 May 2014
but magistrate had passed the order to the police station to take action..and this is rape case and SC/ST act is also there..still can i get bail?
Devajyoti Barman
(Expert) 25 May 2014
If SC and ST act is also there then you can get AB.
You have to then file case of quashing where you can pray for stay on arrest.
Prateek Kumar Sharma
(Querist) 25 May 2014
what is this AB? And SC and ST act is done on me i am the victim. SC and ST act is done by woman on me.
Lawyer SALEEMA KABEER
(Expert) 26 May 2014
Mere registration of FIR does not mean that the allegations stated in the complaint/information are true.
The arrest could be done by the Investigation officer only if he satisfied from his preliminary investigation that the offence has been committed.
Otherwise, there is a chance to file final report after investigation as the complaint/information is false or mistake of fact.
However, for the safer side, you have to approach the High Court for your remedy against the registration of FIR.
AB = Anticipatory Bail.
Section 18 of the SC/ST Act creates a bar in invoking Section 438 (for anticipatory bail) of the CrPC. However, a duty is cast on the court to verify the averments in the complaint and to find out whether an offence under Section 3(1) of the Act has been prima facie made out.
Prateek Kumar Sharma
(Querist) 26 May 2014
bail can be done without getting arrested?? but there i just asked some lawyers and they said that you have to go to jail first then you will get bail. but i don't want to go jail.
Devajyoti Barman
(Expert) 26 May 2014
Since SC and ST Act is invoked against you, some lawyers has asked to you to surrender and get into custody.
If this Act is added then AB is not allowed.
Hence I advised you to go for quashing for FIR in which eventuality the high court has power to grant stay on your arrest.
Dr J C Vashista
(Expert) 26 May 2014
I agree with experts, no AB can be granted in the case (FIR)if Section 3 & 4 of the SC/ST Act are added.
You should surrender,seek regular bail and contenst the case.
If you have sufficient proof move to High Court for quashing of FIR.
After quashing file civil as well as criminal cases against the complainant for defamation
Engage a local expert lawyer
Sankaranarayanan
(Expert) 26 May 2014
I do agree with experts. First approch local lawyer and act fast
ajay sethi
(Expert) 26 May 2014
agree with experts
malipeddi jaggarao
(Expert) 26 May 2014
Expert Saleema Kabeer cleared your doubts. Experts Mr.Barman and Mr.Vasistha gave guidance. Follow them. Do not be scared if you have not committed any wrong. You can convince the Investigation Officer (Police) that you are innocent so that the case can be closed without difficulty. If this is not possible follow the advice of the experts.
Raj Kumar Makkad
(Expert) 27 May 2014
I do agree with the experts hence no more to add.
T. Kalaiselvan, Advocate
(Expert) 29 May 2014
You have been advised very properly by many experts, especially learned Advocate Saleema Kabeer, expert Mr. Barman and expert Dr.Vashista. I agree and endorse their opinions. Now it is upto you to consult a local lawyer and proceed as proper to the local circumstances.
