Based on false complaint of dowry demand and DV by sister in law, FIR has been filed at the CAW Police Station (after 4-5 sessions of counselling between husband and wife). FIR has been filed against the husband, his aged parents, and other close relatives (sisters etc) without even calling any of the family members to participate in investigations or hearing our statements. Our lawyer advised to apply for Anticipatory bail, else any of us can be arrested if we go for any investigations etc without an AB, since FIR has been issued. However, Police is telling us that we applied too soon, we should not have applied since investigation is still on and there is no risk of arrest till investigation is over.
(i) Is what the police telling us correct? or are our concerns real?
(ii) Can the sessions court reject bail plea,on grounds of pre-empting the investigations? If yes, will this go against us?
(iii) what is recourse if bail plea is rejected?
Please advise......