Anticipatory Bail in UP

There is no provisio of law for anticipatory bail in UP.

For More details and legal help mail me on : vibhor_verdhan@yahoo.com

Dear Rohit

There is no provision of anticipatory bail in UP. But there is way to get anticipatory bail even if there is no provision in CrPC. Not so many people know this.File appliation in the court of magistrate who has issued order agianst you and definately your application will be rejected and now get copy of this order and file appeal u/s 397 in the session court aginst the order of magistrate and get relevant orders(including bail) from Session court. I have given you the key and know ask your advocate to walk accordingly.

any way in which district your case is?

Mr Bechara....................................helping ignorants 

Dear SKJ

Thanks for liking the action life and I tell you this line of action works very well

experience make the make perfect.

any way there is bill pending in UP for anticipary bail provision and is expected to passed soon since UP cabinet has ageed to amend Sec.437 and soon there will be anticipatory bail law provisions in UP.

Mr Bechara......................................

Dear SKJ

I agree with you that most advocates friends are doing this for generating work rather than giving free advice or guiding the questioner. I do  not appreciate this trend.

Any way I am not advocate but i am experience enough to guide practically

Mr Bechara............................

Dear All

Many thanks for your kind support

Dear Mr. Bechara

I am from Delhi and my wife is from UP and threatening to file a case against me and my family due to obvious reasons we all know.

It is under threat stage no case/FIR has been filed yet, in view of this we were planning get AB for me and my family.

Plls guide us through experience, we all really appreciate your generous time in replying our queries.

Regards

Rohit

Dear Rohit,

my experience with UP court is not good. Even if your wife if threatening it is likely that she may have filed the case the she may be cooking up. Normally please do not expect that you will receive summons from court. Since summons are issued on files only and People cook up the case and then suddenly you will receive the NBWs against your family. Pls contact some one in  jurisdictional magistrate office to keep track to know whether any case has been filed or not. Pls take precautionary measures.

Normally courts do not give AB since no case is pending against you or no complaint is pending against you. You have only apprehension only. so in my view AB is not possible.

 Now I give you brotherly advice which is out of my experience:

Pls try to patch up with your wife and make your wife understand the things. Other wise you and your wife will follow my this advice after wasting of 5-7 years or you and your wife will be compelled by the circumstance which you and your wife has not anticipated yet and  you and your inlaws will understand after wasting time and money and tolerating all kinds of nuisances. Time once passed will not come back.

I may be blunt but this is harsh realties of dowry cases.

Mr Bechara........................................a helping hand

Dear All,

I need immediate advice. We stay in Delhi and have some ancenstral property in UP which my father ofthen visits. Recently in one of the trips, some hooligans and rowdy guys in our village attacked and assaulted him after drinking. our FIR and MEdical report didn't tantamount to grevious injury and were nullified by local police.

Now those guys have come to the extent of threating us even in Delhi after bribing local police. MY quesion is :

a)we cannot get AB from UP but if these guys press any false charges with collusion with local police against us but can we take AB from a delhi based court? will it be valid in this case?

b)can someone help approach Alahbad HC if there are any such false charges as one of my brothers is in Govt job and things may complicate with such false charges ..

Our village falls under Bhavan Bahudar Nagar Tehsil of District Bulandshahr in UP.

Thanks,

Arun

Arun

you will not get AB since no case/complaint is pending against you and you are having apprehension only.

AB will be given by jurisdictional court under which your residence falls.

AB is given conditional and you are supposed to comply with those conditions.

Once AB is got then also inform the area SHO that you have got AB in such such case.

Police of other state will not arrest you.

sanjeev

Thanks Sanjiv for the detailed reply. In fact there is no provision of AB in UP yet and reintroduction of it as initiated by Mayawati govt is still pending in UP Lower house-Vidhan sabha and awaits implementation.

b)But AB can be granted just on the basis of apprehension as i find talking to various lawyers in delhi. FIR is not needed against you for same as even clarified by SC some time back.

Dear SKJ,

your question is correct-if you have not done anything wrong why seek AB- the fact is-

when mischeivous/criminal elements are involved one sided in a case, they will and do everything to harass you ..

In our case, hearing that we were filing additional charges against them, the oppn. party already had one of thier men's head bleed and filed counter FIR against us after having a Medico Legal Case of grevious injury. The sole intent -to recolor the case with a different connotation...and escape..

But now the case is sorted with help of local strongmen. Thanks all for your thoughts ..

Thanks,

Arun

a woman had done a false case on me of attempt to rape in UP so can i get Anticipatory Bail in UP in this case??