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Can anticipatory bail be applied before filing of FIR
24-Jun-2023 (In Criminal Law)
I was in relationship with a girl since last 4 years and we both wanted to get married. But 8-9 months ago, due to family's issues, she was mentally tortured and forced to divert her mind. She decided to leave me. Due to a lot of misunderstandings and unclarity I was trying to contact her till Mar., 2022. As her father's reason of rejection was a pathetic thing that boy's father has already died and there is no sibling of him. It is most certain that I will be made accused in a case of 354D, a cognizable offence. 2 days ago, I was called at police station and made to give an affidavit that I will not take any step(s) in this regard as her marriage is fixed somewhere else. And I will not contact any party furthermore else FIR will be lodged against me as a form of CRPC 41(a) has already been filled in advance and my sign has been taken. I am still receiving intimidations and if I decide to appeal or complaint at my police station, they will lodge an FIR and I will be arrested for sure.
Hello Good afternoon I'm advocate Vivek MISHRA well according to your case you can go for quashing of FIR in High court for further more details kindly contact me thank you so much you can contact me anytime
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Adv. Vivek Mishra
Adv. Vivek Mishra
Allahabad | 900+ Answers
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Dear Client in that case I would like to clarity about the issue herein not clear and as per case part is concern get Anticipatory Bail for more clarification you may contact us then I'll elaborate properly about your case Advocate Anurag Bhatt Allahabad High Court.
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Adv. Anurag Bhatt
Adv. Anurag Bhatt
Allahabad | 700+ Answers
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Since you are in anticipation of arrest than you may avail the remedy which is being provided u/s 438 Crpc i.e. Anticipatory bail. At first , instance approach the session court for the relief and if prayer is not granted , you can approach to the Hon'ble High Court for the relief.
Not only this you may also approach CJM of your district and can make a complaint through lawyer or in person regarding the criminal intimidation which is being given to you.
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Adv. Apoorva Jyoti
Adv. Apoorva Jyoti
Lucknow | 25+ Answers
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in the offence where the imprisonment is less then 7 years than police its think fit that notice of 41 A crpc is mandatory to send then the police always send a notice of 41 A to accused before arrest. but after that police arrest the person any time
you can file anticiapetory bail.
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Adv. Ankit Saran
Adv. Ankit Saran
Ghaziabad | 400+ Answers
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as you said you was in relationship with a girl since last four years and you wanted to marry her but as you said that 9 months ago due to family issues she was Mentally tortured and forced to divert her mind and she decided to leave you due to lot of misunderstanding among you people .
as you trying to contact her but instead of responding you they people made you accused in case of 354 d . already police already served you CrPC 41 a notice .and warned you that
if you try to contact her and disturb her marriage you will be prosecuted .
after going through your story you are advised to do two things ..
number 1... if the girl is seriously loving you and you can contact her and you have the confidence that she will marry you and cooperate you, things will be different and it will be in your favour , otherwise you will be prosecuted under concocted and fabricated charges act bravely and wisely and go for legal advice..
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Adv. Rajesh Bhadana
Adv. Rajesh Bhadana
Noida | 50+ Answers
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