Anticipatory bail denied by lower court in 498A case

439 votes

Section 498A of the Indian Penal Code deals with cruelty towards a married woman by her husband or his relatives. Anticipatory bail is a provision in the Criminal Procedure Code (CrPC) that allows a person to seek bail in anticipation of an arrest.
The grounds for rejection of anticipatory bail in a Section 498A case can vary depending on the circumstances of the case. However, some common grounds for rejection of anticipatory bail in a 498A case are:

1. Prima facie case: The court may reject the anticipatory bail application if it is satisfied that a prima facie case exists against the accused. The court may consider the allegations made in the complaint and the evidence produced by the prosecution.

2. Gravity of offence: The court may also consider the gravity of the offence while deciding on the anticipatory bail application. If the offence is serious in nature and attracts a severe punishment, the court may reject the bail application.

3. Possibility of tampering with evidence: The court may reject the anticipatory bail application if it is of the opinion that the accused is likely to tamper with the evidence or influence the witnesses.

4. Likelihood of absconding: The court may also consider the likelihood of the accused absconding if granted anticipatory bail. If the court is satisfied that there is a likelihood of the accused absconding, it may reject the anticipatory bail application.

5. Previous criminal record: The court may also take into account the accused's previous criminal record while deciding on the anticipatory bail application. If the accused has a previous criminal record, the court may reject the bail application.

It is important to note that the decision to grant or reject anticipatory bail is at the discretion of the court, and it may vary depending on the facts and circumstances of each case.

LawRato LawRato

782 votes

Taking into consideration your the above facts.

There are various judgments by the SC laid down in concerned to 498A section of the Indian Penal Code.

However any person who has been denied bail has right to appeal against the lower court order.

It's is suggested to get a certified copy of the order passed in the lower court.


Best Regards.

Advocate Harshad Rathod LawRato

915 votes

Normally in section like 498a ABA can be granted if there are no other charges are involved in FIR like 377 or 307. But it's totally discretionary right of magistrate. They judge on the gravity of matter and presentation of your matter by advocate. One can only consultant you after going through the order only.

Advocate Ankit Sharma LawRato

770 votes

Yes this the normal procedure for obtaining anticipatory bail if the allegations are not so serious they you can also try for regular bail as the offence is non bailable but their are number of citations in which lower court had granted bail

Advocate Kushal Govind Kabra LawRato

216 votes

If the accused does not demonstrate that arresting them is not required for the investigation into the 498A case, the court can reject the anticipatory bail request. If the court finds that the applicant has lied or omitted relevant information, it may reject the anticipatory application.

Advocate Chikirsha Mohanty LawRato