Conditions for anticipatory bail !

Hello,

Anticipatory bail is bail that is applied for prior to ones arrest or detention by an authority, but in anticipation of the same. Section 438 of the Criminal Procedure Code prescribes that a person may apply to an appropriate High Court or Court of Sessions for anticipatory bail when he has reason to believe that he may be arrested on accusation of having committed a non-bailable offence (note that this provision does not apply in every state in India). The filing of an FIR is not a mandatory pre-condition for the filing of an application for anticipatory bail. When directing the grant of anticipatory bail, the Court may set such conditions as it deems fit. Anticipatory bail orders are usually time-bound and are not granted as a matter of right – they court must be satisfied that the person will not interfere with the investigation or hamper the inquiry into the crime and that the accused would be subjected to undue harassment or unjustified detention if the order were not to be granted. Anticipatory bail is usually not granted for heinous crimes like rape, murder etc. I suggest that you contact a good lawyer and make sure that you are not arrested due to these false 498a cases being filed against you.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

Dear Querist

My opinion on your queries are as under:

Is there any condition (s) for granting anticipatory bail in false dowry case ?

Opinion: its depend on the court because it is discretionry power of the court, nobody can say about these condition in advance.

it is 100% sure that bail will be granted ?

Opinion: if the case is bailable then only 100% surety regarding grant the bail otherwise not. its depend on the facts and circumstances.

because women cell ladies take favour of womens only, they are not ready to understand that the girl had an affair and she wants to continue with both married and her boy friend life although she is not accepting that he was her boyfriend, she is saying that the other guy is his brother but actually he is not brother he is completely a third party no blood relation with her.how a rational men allow this to any wife ?

Opinion: Prove before the court he will be prosecuted for adultery.

this a very complicated situation where a girl wants to live with me , after knowing that i know her extra martial affairs. and she wants to harras me with 498A ?

Opinion: When she file 498A case against you or your family then this is also come under cruelty & you have right to file divorce petition if you are Hindu, if you are Muslim then you have  right to pronounce divorce thrice.

what excalty she wants is also not clear or she is moving on some lawyers direction ?

Opinion: Try to understand her and settle the matter amicably if possible otherwise fight the case on merit.

How to solve this i dont want to live with that girl, she dnt love me care me and not interested in me at all.

Opinion: file a divorce petition before district court.

Feel Free To Call

Thank you sirs for your reply.....

i had not beaten my wife she is staying at her mother's home from last more than six months....even the CAW cell ladies know that she had an affair outside this is the main cause but as per law CAW cell ladies have to listen womens only they are bound by law (false 498A)........under what circumstanses i will not get bail ? if i am arrested by chance i have to loose my job then i will not able to repay my existing liabilities as well as any amount in which settelment takes place i dont have savings i will be money less if i loose my job.......

Any advice to safeguard my self.

Regards 

498A = Frauds

hello,

if ur wife has affair then best thing now is to collect Strong evidence about her affair .

well arrest u/s 498A is not done as soon as case is file .after 498a is filed they will call the opposite party , make enquiry n then make a report and on that report Arrest warrent is issued.

if CAW Cell know the full fact then they will not help her to harress u unnessary.