Procedure for ab in 498a case
Upesh
(Querist) 15 August 2013
This query is : Resolved
Hi,
Help Team,
Please explain the whole procedure for applying Anticipatory Bail in 498A case.
1.If applying before the FIR ,will wife come to know about this during mediation for both parties including their parents.
2.What proofs should be submitted before the court for getting bail.
3.Usually what are the conditions set by the court for granting bail.
Please write up in details the various process involved in this.
Regards,
ajay sethi
(Expert) 15 August 2013
only after FIR is registered can you apply for AB atleast in mahrashtra .
only after going through allegations made in FIR it would be possible to suggest what proofs should be submitted .
your lawyer will do the needful
Advocate M.Bhadra
(Expert) 15 August 2013
As per your query please note the following:-
1) You can not apply for anticipatory bail before lodging complaint or treating as FIR,2)no cruelty upon your wife has been occurred during the living,3)It is discretionary power of the Court.
Anticipatory Bail is the best kind of bail for all criminal cases including dowry cases. If you get this bail, then you will not have to spend a day in custody until the day when your case is finally decided. This bail is applied for in anticipation of arrest. If you have reason to believe that you may be arrested for a crime which you did not commit, then you have the right to apply for this type of bail. Such belief may come to your mind if you learn about a criminal complaint made to the police by your wife, or by any threats made by her family against you and your family.
As soon as you learn about the police complaint against you under section 498a/406/34, contact a good lawyer to apply for anticipatory bail. Your lawyer will draft an anticipatory bail application mentioning your version of the facts of the case, and will apply at the appropriate district court. The matter will come up for hearing, and you should try to send somebody to be there with your lawyer when it comes up.No need to appear personally.
Devajyoti Barman
(Expert) 15 August 2013
1. iN wb THERE IS NO PROVISION FOR ab BEFORE fir. However in some states the courts do allow notice bail which menas the police would give you certain time for taking bail.
The wife can come to know only if the IO informs your wife.
2. You need show your innocence. Your advocate can tell you better which papers you need to show,
