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Determined to get justice (Manager)     11 July 2012

Surety for anticipatory bail

My sister-in-law has lodged false dowry and DV case/complaint at CAW Nanakpura naming my brother, myself (unmarried sister), my old parents, my married elder sister and her husband. We fear she will press charges and get FIR registered against all of us. We will try and get Anticipatory bail for the same. However, I understand this requires someone to stand surety for the accused. All our immediate family stands accused so we cannot be surety for each other. What options are available for us? Can the requirement for surety be substiututed by some other means/options?



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 3 Replies

Sankaranarayanan (Advocate)     11 July 2012

No , you can get surity from your relative too and personal gurantee also. it is depends upon the case and judge too

rahul kumar (associate)     11 July 2012

Hello,

move an application u/s 438 of criminal procedure code either in court of session or high court. your near friend can stand surety for you. A certain amount a bond will have to b executed as the court may thinks fit. 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 July 2012

Since the matter is still in CAW CELL - you wont get a full fledged anticipatory bail as such right now, so sureties are not required, friends if solvent can stand as sureties though. At this point of tiem you are more likely to get NOTICE BAIL - which is that in the event of registration of FIR the IO would inform you in 7 days in advance if he seeks to arrest you - within which time you can apply for a regular AB. This is the regular practice in Delhi. 

 

Feel free to talk !


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