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False 498A case filed against friend,already arrested, how to get bail


03-Mar-2023 (In Criminal Law)
Hi I am writing on behalf of my friend who is a NRI currently in India. Recently he came to India as his father died but his wife confronted him, demanding a flat and a divorce. She threatened to file dowry case if her demands were not met with. She took him in a room, shut the door then She slit her wrists and got him arrested claiming domestic violence and that he has beaten her up. The police arrested him before carrying out any investigation as an Fir was registered against him. My friend is now in the police station. I want to know what are his options regarding bail. Since he is already arrested, they cannot apply for an AB. Please help.
Answers (3)

Answer #1
894 votes
There is prima fasie case for regular bail, the supreme court in many cases has held that no one can be arrested for said crime without investigation and prior filling of final report, however u can ask for regular bail/ cash surety as and when produced before the magistrate , there is no need of custodial interrogation, don't get panic just hire a lawyer and ask for release, the magistrate has powers to release him forthwith.
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Advocate Sushit Kailash Soni

Adv. Sushit Kailash Soni

LawRato Nagpur | 25+ Answers
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Answer #2
764 votes
Yes. Now since your friend is arrested, you can not move the court for anticipatory bail. You will have to immediately move bail application. Later, once bail is granted, you can also opt for FIR quashing.
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Advocate Samina Mirza

Adv. Samina Mirza

LawRatoNavi Mumbai | 50+ Answers
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Answer #3
958 votes
you did not mention where he is arrested in india anyway your friend can apply for bail to give bond and surety till final of the trail he won't leave the india... for further help call me on my mobile
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Advocate Tanu Khattri

Adv. Tanu Khattri

LawRatoNavi Mumbai | 25+ 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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