Can i get anticipatory bail in Bangalore if case filed in Lucknow?

Hi team, I am basically from Lucknow U.P., my wife from Allahabad, U.P. We married on 2dec2010. she left my parents place more than an year now. questions- 1- We issued a pettion unders section 9 2- Laywer Asking me to talke a Anticipatory bail for all my family memebers, My mom dad they stay in UP lucknow. brother in chennaai and I am in banaglaore . Please advise if AB from bangalore will work in lucknow if girls parent file false case in UP.

Answers (3)

124 votes

This question has been answered by one of our lawyers. See answer below.

342 votes

You have to understand general law. An F.I.R. can be filled at the place where the cause of action accrued or where any commission of crime occurred. So if the FIR is lodged in U.P. , the commission of crime must be shown in U.P. . Hence bail can be granted by the court under whose jurisdiction the police station where FIR is lodged falls. Here it is important to mention that U.P. does not have the provision of anticipatory bail. You can take anticipatory bail in Bangalore , if there is provision, saying that you have reasonable apprehension of lodging of a false FIR in Bangalore. This may protect you for the time being. However, as and when the FIR is lodged, you should either approach the concerning court for bail after surrendering or you may go to High court for stay of arrest.

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244 votes

If the case is filed in UP then unfortunately the anticipatory bail won't be of any use except for some persuasive value in the Courts here, but you will still have to seek appropriate remedy from the Courts in UP.

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