Rohan 13 November 2019

Is fir required for anticipatory bail ?

Hi,

Can I apply for AB without a FIR being filed or is that a pre-condition for getting AB? This is for AB in Mumbai or Thane.

Also, in case of 498a how much notice do police give to arrest so I can apply for AB? Would I have enough time after that to get AB?

Regards

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5 Replies

Real Soul.... (LEGAL) 13 November 2019

that is real pain....you can file for AB,just even if there is aprrehension of being arrested AB can be applied for. However if the fir is filed then still get the AB and untill u don get that try to hinde urself if u can

Real Soul.... (LEGAL) 13 November 2019

If the porsicution raises objection that there is no FIr against you and you are making concocted application,then in that course if court rejects your AB application you can seek a direction from the court that you should not be arrested if an Fir is lodged

SHIRISH PAWAR, 7738990900 (Advocate) 13 November 2019

Dear Rohan,

FIR is not necessary for filing anticipatory bail and mere apprehension is sufficient for filing anticipatory bail. It is always better to get anticipatory bail and face the investigation.

Regards,

2 Like

Rohan 13 November 2019

Thank you all.

I asked because I was told that there is 50% chance of getting without FIR but high chances of getting when FIR is done.

I have been advised to wait to receive Notice 41 and only then apply AB. Is this appropriate?

How many days I get in the notice of arrest to give me enough time to apply for AB?

Regards