Hi All, Is it possible to take anticipatory bail without FIR, if so which instances and proofs required.Please advice.
Hi All, Is it possible to take anticipatory bail without FIR, if so which instances and proofs required.Please advice.
dr.pawan rajyan (member and secretory) 17 July 2013
in which state?
what's are alligations/sections??
prakharved (Medical officer) 17 July 2013
@venkat
It is only after the FIR is lodged in the Police that a Anticipatory Bail may be applied for. If you are sure that an FIR would be made against you, you can have petition for Anticipatory Bail prepared, which after FIR you can file. But there is also a Concept of Notice Bail whcih you can get, wherein you will get a notice some days before arrest.
I am not very sure what the procedure for notice bail and in what sections it is applicable, for some crimes it is not. I think you should get reliable information on this. You can visit www.lawkonect.com. If you have any questions, you can ask a query on the website and they will provide a written reply to your query from practising lawyers. You can get telephonic consultations with lawyers as per your requiremnts and convenience.
Regards
Regards
Adv. Chandrasekhar (Advocate) 17 July 2013
In DV case neither anticipatory nor regular bail is required.
In S.498-A cases, the first requirement is after receiving the complaint, the police initiate conciliation proceedings. Once they fail, then only FIR is registered. Immediately after failure of conciliation talks, and before registering FIR, you can go for anticipatory bail and it is discretionary to the court whether to give it or not. FIR is not requirement for applying anticipatory bail but you must show the court the reasons for your apprehensions of arrest by police.
Udaya Shankar. C (Retired) 17 July 2013
In the Police station after filing FIR they do not give time to go to court and apply for FIR. One has the Policital and financial support to circumvent proceedure of arrest. However, 498 A is nothing but increasing the financial strength of the agencies concerned.
dr.pawan rajyan (member and secretory) 18 July 2013
file AB in session court of concerned police st. where fir is filed