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Can one get anticipatory bail when no case has been filed against him


26-Jul-2023 (In Criminal Law)
My brother works for a medical company as a sales officer and in one month he put order worth 70 lakh and he was cheated by third person. What if my brother's company file a case and how can we protect him for not being arrested. Can he get an anticipatory bail as the company has not filed a case yet.
Answers (3)

Answer #1
914 votes
Hi according to your query under section 438 anticipatory bail can be granted before the FIR also so please do not worry further you can contact us at any time for further clarification you can contact us at any time.
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Advocate Bala Murali

Adv. Bala Murali

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Answer #2
858 votes
Hi In general , sales persons are not accused in such cheating cases. it is the person who purchased the stock from the company and refused to pay. So your brother will not be an accused in such cases. Even if the company files a complaint against your brother, you can approach the courts and get your brother discharged from such offences. Anticipatory bail is permitted only if the Complaint is registered against your brother and his name is listed in FIR as accused.
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Advocate Rajagopalan

Adv. Rajagopalan

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Answer #3
810 votes
Hello Sir, Firstly, you was not mentioned the details clearly. Basing on the above information, you can absolutely entitled to file anticipatory bail application, it is a right of an individual. You can file bail application seeking the Court to release on anticipatory bail in the event the police arrest and you can file such petition in an unnumbered crime expecting pre-arrest.
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Advocate Geeta Tirandasu

Adv. Geeta Tirandasu

LawRatoHyderabad | 100+ Answers
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