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Anticipatory bail in 498A, when NBW issued without BW or Summons.
01-Mar-2023 (In Criminal Law)
Hi,nThis is a simple 498A case without any evidence, High court rejected stating custodial interogattion is required,however the anticipatory bail was dismissed by the apex court again in a silent order but however while the case was pending in the apex court the police filed the chargesheet(complete).Now the thing was in court. In the mean while nothing happened and the court didnt give us any summons, no BW nothing. All of a sudden we came to know the court has issued NBW without SR report of Summons or ER of BW cause they were never issued in the first place may have been ordered. What are the chances of Anticipatory bail as I never recieved any intimation to appear infront of the court and no address change has been made in my residence either and no other sections of IPC has been mentioned as well.
share Details ; prima facies it's seem there is some conclusive evidences on basis of which Hon’ble High court refer for custodial interrogation; now we have see the chargesheet on basis of which further course of action will be decided.
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Adv. Rishi Kumar
Allahabad | 200+ Answers
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What are the exceptions to anticipatory bail?
Law Exceptions
The clause states that anticipatory bail is not available to a person charged with a crime of committing rape against a woman aged under 16, or a child under 12, punishable by Sections 376 (3), 376 AB and 376 DA of the Indian Penal Code 1860. 26-Sept-2022
On what grounds anticipatory bail can be Cancelled?
Some common grounds or circumstances that may justify the cancellation or suspension of anticipatory bail include: interference with an investigation, tampering or altering evidence, threatening witnesses or influencing them, abusing bail or the freedom granted, fleeing justice or repeating the same offense.
Which cases anticipatory bail Cannot be granted?
Kerala High Court: Anticipatory bail is not possible in UAPA cases. A division bench consisting of Justices PB Sudha and CS Sudha ruled that applications for anticipatory bond filed under Section 438 CrPC were not maintainable if the offences alleged fell under the UAPA. 22-Jul-2023
What are the reasons for rejection of anticipatory bail?
The accused does not have the right to bail in economic offences[5].
The fact that bail was granted to another accused does not constitute a basis for granting AB to a fleeing accused[6].
When the accused absconds and is declared as an proclaimed offender[7].
Dear Client, In that case where Summons and BW have not been issued, then NBW proceedings are bad in the eyes of law, and as per the Chargesheet part is concern, you may approach High Court for quashing against that chargesheet for more clarification you may contact us then I'll explain properly about your case. Advocate Anurag Bhatt Allahabad High Court.
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Adv. Anurag Bhatt
Allahabad | 500+ Answers
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First you should file recall application of the NBW in the same court who have issued the this, there are much changes that it should be recalled. But if not recalled then you have come in regular bail. Definitely bail shall be enlarged.
for details contact me
Advocate Ranjeet Sonker
for details contact me
Advocate Ranjeet Sonker
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Adv. Ranjeet Sonker
Allahabad | 100+ Answers
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it is very unusual that the court has rejected your anticipatory bail. there is only one allegation which is punishable under section 498A of the Indian Penal Code. The Honorable Supreme Court has held in the Arnesh Kumar versus state of Bihar that the investigating officer should conduct a preliminary investigation the matter of section 498A.
if the investigating officer found that there is sufficient evidence against the accused therefter he can proceed further. hence no need to arrest the accused at the onset of the registration of FIR.
so far as arrest of the accused is concerned, the punishment under section 498A is up to 3 years. in the same judgement of the earnesh Kumar the Supreme Court has held that investigating officer cannot arrest the accused under section 41 of the code of criminal procedure if the offence is punishable below the seven years. hence you can get anticipatory bail on the line of judgement of the supreme court passed in arnesh Kumar versus state of Bihar.
if the investigating officer found that there is sufficient evidence against the accused therefter he can proceed further. hence no need to arrest the accused at the onset of the registration of FIR.
so far as arrest of the accused is concerned, the punishment under section 498A is up to 3 years. in the same judgement of the earnesh Kumar the Supreme Court has held that investigating officer cannot arrest the accused under section 41 of the code of criminal procedure if the offence is punishable below the seven years. hence you can get anticipatory bail on the line of judgement of the supreme court passed in arnesh Kumar versus state of Bihar.
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Adv. Shivendra Pratap Singh
Lucknow | 25+ Answers
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again you can file a anticipatory bail application on your defence ground. and mention all doubt for apprehension of arrest or send to JC by court. hopefully now session court considering your grounds and give you protection and anticipatory bail..if session court reject your application then you approach to high court
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Adv. Satish Bhati
Greater Noida | 400+ Answers
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