Need help on anticipatory bail 498a
A. Rasheed
(Querist) 19 January 2014
This query is : Resolved
Hello all,
Hope you are doing good. My name is Adil and I am from Jharkhand.
I am facing a challenge for myself and my family, hopefully someone can help me with some advise on how to handle the situation.
Me and wife got separated in 2011 due to family issues and she filed a case for maintenance, the case is still going on in the Lucknow court.
Recently she filed a 498A case against me, my parents and my sister. The local police came to our residence yesterday with a warrant for arrest but we somehow managed to put a stay on that through a mediator.
Could you please advise on how can we apply for an anticipatory bail in the mean time? Me and my father are planning to go to Lucknow to apply for the same.
Is there a chance that we can get arrested in Lucknow? Can we appear in person to apply for the bail?
I would really appreciate if you could throw some light on the right way to proceed for the AB. Thank you for looking into my query.
Regards,
Adil
Advocate. Arunagiri
(Expert) 19 January 2014
For getting AB order, you need not appear in the court.
A. Rasheed
(Querist) 19 January 2014
Thank your for advise Sir.
Can the court reject my AB? if yes, on what basis. and what should i do in case rejected?
The other thing i want to do is to safeguard my family members from the harassment. What should be the approach to get this done.
Regards.
Nadeem Qureshi
(Expert) 19 January 2014
Dear Querist
there is no procedure regarding AB in UP, it will be better to file quashing petition or writ and get arresting stay from HC Bench. personal appearance is not mandatory.
Devajyoti Barman
(Expert) 19 January 2014
You can file for bail u/s 226 of the constitution of India since there is indeed not AB in UP.
Contact a good lawyer in UP.
A. Rasheed
(Querist) 22 January 2014
Hi all,
Thank you first of all for all your replies.
Found out that Anticipatory bail is not applicable in Lucknow (Uttar Pradesh). The following sections have been imposed upon me:
Section 498A, 323, 504, 506. All false allegations made by ex-wife. An FIR was filed in March 2012 i.e. one and a half years after our divorce saying that I intentionally got into her parents home and had a fight with her and her family members.
Basis on this, she tried filing an FIR at the local police station but it was denied initially. They later went to the court and under section 156 court ordered an investigation to the local police station and an FIR was lodged.
Is there any way I can get this quashed? Please advise.
Thank you for your support.
Devajyoti Barman
(Expert) 22 January 2014
You can get stay order on arrest by challenging the FIR through quashing petition.
