Dear Sir
Please advice how to get Anticipatory bail from UP if i belongs to Delhi and my wife is from UP against Sec498
Thank you
Rohit
Rohit (Private) 14 December 2010
Dear Sir
Please advice how to get Anticipatory bail from UP if i belongs to Delhi and my wife is from UP against Sec498
Thank you
Rohit
SACHIN AGARWAL (ADVOCATE) 14 December 2010
The provisions of Section 438 Cr.P.C. for anticipatory bail are not applicable in U.P. as a result of which you cannot get anticipatory bail in U.P.
However, you have an option to file a petition before High Court to quash the F.I.R. and may pray for stay of arrest, which you may get, if you have some grounds. You can contact some Lawyer.
SACHIN AGARWAL (ADVOCATE) 14 December 2010
It is better to ask your Lawyer in the matter. He might have given the undertaking to this effect in the bail application or in the affidavit.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 15 December 2010
If case is filed in UP still you can get intrim bail from sessions court .
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 16 December 2010
M unable to understand as to y the members r misguiding the visitors regarding the provision of AB in UP. Dear members of LCI kindly note it down that the provision of AB has been back in UP after a long period of 30 years. It happened 3-4 months earlier.
Rohit (Private) 17 December 2010
Dear Rakhi
Thanks for the advice
Do you know any friend of yours who can help us in having AB in UP, please provide his contact details.
against 498A.
Thanks
Rohit
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 17 December 2010
RAKHI MADAM YOU ARE PROVIDING MIS INFORMATION.
Ram Singh (fsdffsdf) 01 March 2011
I got arresting stay and case transfer to medation center allahabad. If medation failed than what I have to do..please advise.
SACHIN AGARWAL (ADVOCATE) 01 March 2011
Rakhi Madam,
The provision of AB has not been made applicable in U.P. so far. However, it is under process and may start very shortly.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 02 July 2011
I'm surprised to see your's ignorance, m sorry to say.
SACHIN AGARWAL (ADVOCATE) 02 July 2011
Rakhi Ji,
Please give details of the G.O. or Act through which the AB has been introduced in U.P. and also the date from which it has started in U.P.
A_man Fighting for Justice (Unemployed) 02 July 2011
Rohit - don't get confused, hire a good lawyer and get an arrest stay. AB isn't there in UP, Period!
I had got arrest stay in a similar case several months back. In case you are unable to fetch an arrest stay, ask your lawyer to push for an interim bail (same day bail) which is very common in Allahabad High Court.
As I said key to your success is a GOOD LAWYER.
Where in UP has your wife lodged this FIR?
Mind you, arrest stay is only applicable until the charge sheet is not filled. Will later write you a detailed note on how to go forward.
Rohit (Private) 04 July 2011
Dear
thanks for your advice, she is from Aligarh, UP.
Please provide me your contact details so that we can contact you.
Thanks
Rohit
Nitish Banka (lawyer) 22 April 2018
Anticipatory bail in 498a is advisable and recommended
A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.
The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.
The trauma is whether they can be arrested or not.
It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.
The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles
chances of getting anticipatory bail 498a
The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406
Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.
Anticipatory Bail in 498a
Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.
Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.
This is right strategy to abate any arrest circumstances.
By.
Advocate Nitish Banka
9891549997