Can arrest be made from court in 498A anticipatory bail rejection

733 votes

When you appear for final hearing of an anticipatory bail application (498A IPC) and the bail is rejected, technically the protection from arrest ends immediately. This means the police are legally free to arrest you. However, in practice, the following possibilities arise: 1. Interim Protection for Higher Remedy – Many courts, while rejecting anticipatory bail, grant a short period of interim protection (for example, 7–10 days) so that you may approach the High Court for relief. You should request the court specifically for such protection at the time of rejection. 2. Immediate Arrest – If no such interim protection is granted, the police have the authority to arrest you immediately after the rejection of anticipatory bail. 3. Next Step – You should promptly move the High Court under Section 438 CrPC for anticipatory bail. If already arrested, then a regular bail application under Section 439 CrPC must be filed. 4. On Cognizance & Summons – The issue of cognizance without service of summons/notice can be challenged. If proper procedure under CrPC was not followed, this may be challenged in High Court 5. False Case Angle – Even if the case is false, once anticipatory bail is rejected, you cannot avoid due process. The best safeguard is to move immediately before the High Court and seek urgent protection.

Advocate Hasnain Haider LawRato

884 votes

Hello reader, If anticipatory bail in 498A is rejected, arrest may follow immediately. Sometimes courts grant short interim protection to move High Court. Remedy lies in filing fresh AB or challenging cognizance before High Court.

Advocate Piyush Kumar LawRato