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FIR has been lodge against me u/s 498a, DP act 3/4, 326b
07-Sep-2023 (In Criminal Law)
1. FIR has been lodged against me on 24.11.2014 in UP , can i apply for AB in Mumbai because i am Living in mumbai last 6 years at the time of incident i was not present there, police also added ipc 307 later.
Place of registration of FIR is point of jurisdiction- you have to apply to Sessions court of UP only for A Bail. However you may approach concerned up high court for quashing of fir on grounds of falseful prosecution being resident of mumbai with documentry proof.
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Adv. Sourabh Chandramohan Gupta
Nagpur | 25+ Answers
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Hello,
If you wish to apply for ABA than it has to be done from the Allahabad High Court, however if you wish to obtain bail beforehand, you can apply for transit bail here and appear before concerned authorities.
As per SC guidelines, it is difficult to arrest in 498A of IPC cases unless permission from magistrate is not sought.
My advise shall be to get Transit Bail and appear before the concerned authorities and seek regular bail.
If you wish to apply for ABA than it has to be done from the Allahabad High Court, however if you wish to obtain bail beforehand, you can apply for transit bail here and appear before concerned authorities.
As per SC guidelines, it is difficult to arrest in 498A of IPC cases unless permission from magistrate is not sought.
My advise shall be to get Transit Bail and appear before the concerned authorities and seek regular bail.
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Adv. Purvi Shah
Mumbai | 100+ Answers
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In Mumbai you can take transit bail. In UP surprisingly anticipatory bail provision is not available. You have to approach high court in a quashing petition and seek reliefs from arrest. Get in touch for details.
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