Procedure for anticipatory bail against dowry harassment case filed
30-Jan-2023 (In Criminal Law)
My aunty in law had filed a false dowry case against my family member by how much time can we get anticipatory bail and what shall we do further to get a proper solution for it
It depends on the gravity of allegation , none can guarantee you the time limit and results but can try his best. You contact a lawyer as soon as possible ..
Helpful?
24+
You have to mention under which sections of IPC the case has been filed. Whether it is registered in police station or directly before the Court .
If matter registered as FOR then you may go for anticipatory bail .contact a good lawyer.
If matter registered as FOR then you may go for anticipatory bail .contact a good lawyer.
Helpful?
22+
Time issue is there for sure. It's not like filing the case and getting the bail order immediately. It will most probably take minimum 25 days in the case. Therefore, if you are prepared for filing anticipatory bail, hurry up, appoint an advocate. Till you don't get the order from the High Court, abscond/ hide yourself from the police. Make sure the police don't arrest you orelse your anticipatory bail case will be dismissed.
Helpful?
21+
Anticipatory bail is not a right of accused. It is a judicial discretion.
So far allegations of dowry or other matrimonial offences there is guidelines of Supreme Court wherein police shall go for due inquiry by giving opportunity to other side and if on its inquiry police will satisfy itself that there are chances of absconding, tampering evidence, terrorizing witnesses or committing similar type of offence during pendency of trial than only take the accused to custody.
Moreover because of Sec. 41 Cr. P. C. Police itself is empowered to release the accused without sending him to jail.
So to me thinking of anticipatory bail in instant case is not necessary.
So far allegations of dowry or other matrimonial offences there is guidelines of Supreme Court wherein police shall go for due inquiry by giving opportunity to other side and if on its inquiry police will satisfy itself that there are chances of absconding, tampering evidence, terrorizing witnesses or committing similar type of offence during pendency of trial than only take the accused to custody.
Moreover because of Sec. 41 Cr. P. C. Police itself is empowered to release the accused without sending him to jail.
So to me thinking of anticipatory bail in instant case is not necessary.
Helpful?
16+
You are advice to file anticipatory bail in the High court if you are relative of the informant then bail shall be allowed in favour of you . You get the photo copy of FIR from the court to file bail .
Helpful?
17+
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