LawRato

Is Anticipatory bail granted only after chargesheeet filed by police


18-Sep-2023 (In Divorce Law)
Can someone get anticipatory bail after FIR or after filed chargesheet by police under section 498A and 406
Answers (5)

Answer #1
757 votes
Yes. But there is no automatic arrest as held by honorable supreme court. माननीय उच्चतम न्यायालय के अनुसार अब इस प्रकार के मामलों में अब सीधी गिरफ्तारी पर रोक लगा दी गई है। अब ऐसे मामलों में एफआईआर दर्ज होने के बाद मामलें को संबंधित जिले के परामर्श केन्द्र/ मीडिएऐशन सेन्टर भेजना आवश्यक है। जब तक सेन्टर की रिपोर्ट नहीं आती है तब तक गिरफ्तार नहीं किया जा सकता है। किन्तु बहुत ही विशेष परिस्थितियों में गिरफ्तार किया जा सकता है लेकिन तब ऐसे कारणों का संबंधित पुलिस अधिकारी को लिखित रूप से बताना होगा।
Helpful? LawRato LawRato
Advocate Anubha

Adv. Anubha

LawRato Delhi | 100+ Answers
Chat with Advocate Anubha Chat 
Answer #2
966 votes
Anticipatory bail can be applied after registration of FIR but the discretion is on the judge if he wants to grant it or not. Anticipatory bail is applied by accused if he gets to know that a FIR has been registered against him and there is a apprehension of him being arrested by the investigation agency in the instant case
Helpful? LawRato LawRato
Advocate Samarth Teotia

Adv. Samarth Teotia

LawRatoDelhi | 25+ Answers
Chat with Advocate Samarth Teotia Chat 
Answer #3
950 votes
Generally police don’t arrest in 498a cases as they have to follow Arnesh Kumar’s Judgment, where first they have to serve 41A notice to join investigation and local police need to further take permission from DCP for any arrest. Kindly b in touch. Thanks
Helpful? LawRato LawRato
Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
Chat with Advocate D. Khan Chat 
Answer #4
712 votes
Yes anyone can get anticipatory bail after FIR is registered and before chargesheet is filed u/s 498A and 406. Point is against whom FIR is registered and how many people were dragged into these matters. Mostly girl drag each and every member of husband’s family to create pressure.
Helpful? LawRato LawRato
Advocate Sanchit Garga

Adv. Sanchit Garga

LawRatoDelhi | 25+ Answers
Chat with Advocate Sanchit Garga Chat 
Answer #5
601 votes
yes as per arnesh kumar judgment complaint or fir registered under section 498A, accused may get anticipatory bail by any competent court or high court having territorial jurisdiction. there are even chances of getting the of getting the fir quashed also in such cases
Helpful? LawRato LawRato
Advocate Prasanna Mohan

Adv. Prasanna Mohan

LawRatoDelhi | 25+ Answers
Chat with Advocate Prasanna Mohan Chat 

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.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato