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Anticipatory Bail under false promise marriage
16-Jan-2024 (In Criminal Law)
Girl has filed a FIR under 376 IPC for sexual assault under promise of marriage.
Police approved the crime as of now
1. Will I get anticipatory bail (Court given Intern bail till investigation) and ordered for surrender passport till investigation
2. Will it affect my L1B Visa and passport as Look out circular issued.
3. Can I work abroad if I get AB
Chances of securing an anticipatory bail in 376 are slim, however it depends on the police investigation and you joining investigation.
If FIR has been filed, it will definitely affect your visa application as no country will allow an accused to arrive at its shore.
Even if you secure AB permission of the court would be needed to travel abroad assuming you get a visa.
an LOC would only be issued if you abscond and evade the law.
should you have any questions please feel free to contact me.
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Adv. Kunal Seth
Delhi | 500+ Answers
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Dear sir
First of all even the courts don't have the power to impound your passport as clarified by the Hon'ble supreme court of India. To answer your questions summarily, it is important to understand that anticipatory bail is a conditional bail and the courts put a condition that you will not leave the city let alone be the country. The solution lies with the quashing of the FIR only. For detailed discussion, you may consult me.
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Adv. Puneet Srivastava
Delhi | 500+ Answers
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yes you could easily get the anticipatory bail through Session Court and it would protect you from any coercive action taken by the IO, further you need to talk, if you want detailed pros and con of this action, because it not only depends upon fact and law of the case but also psychology of people involved in the case i.e IO & alleged victim/complainant.
Because if anticipatory bail is dismissed then you are bound to be arrested so rather than taking risk we could gauge the situation by seeing factual Matrix of the case and then select the right course of action
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Adv. Ashutosh Kumar Mishra
Delhi | 100+ Answers
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You’re requested to share the details of the FIR, a copy of the same, the details of police station and the basic information, if any.
Based on facts it may be advised whether anticipatory bail application needs to be filed or should be filed or not.
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Adv. Parth Chaturvedi
Delhi | 25+ Answers
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First of all hire an advocate and fix an appointment with them then they will help you in providing anticipatory bail in your matter and provide better legal consultancy in your matter and helps in get relief in your passport and visa issue
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Adv. Mayank Arora
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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