Can we file and get the Anticipatory bail even before FIR registered

545 votes

Yes off course. You can defiantly file an application for anticipatory bail before the Session Court. In view of the recent Supreme Court judgments which say that merely filing of complaint by wife should not be a reason of automatic arrest of the husband and his family you have a good chances (depending of the fact of your case) that you and your family may be granted anticipatory bail. Feel free to contact me for detailed advise.

Advocate Vanshdeep Dalmia LawRato

571 votes

Sir,
Yes anticipatory bail application can be filed even before FIR is registered, it is filed to keep police away from arresting you and your family members.. I will suggest you to file anticipatory bail application before district and session courts.
Thank you.

Advocate Nilesh Kumar LawRato

516 votes

The bail provisions in Crpc from sections 436 to 439 have a specific meaning ,The anticipatory bail as per section 438 Crpc is a bail when you apprehend arrest in near future then the provision applies ,whereas as per you your matter is still pending before mediation proceedings therefore even if you apply for bail the same would be rejected specifying it as "Pre-mature stage"Therefore wait for appropriate time ,The right time is when mediation fails and the instructions are passed on for registration of FIR U/s 498A,406,34 IPC. Thereafter its the right stage.

Advocate Nishant Solanki LawRato

604 votes

Yes, you may file for getting the anticipatory bail before The concerned court of Sessions Judge.
In your case, it is appropriate one because your spouse has already filed a complaint in CAW cell which will ultimately result either in patch up or may end up in registering of FIR.
However, due to advancement in court procedures and cases there are certain changes in law and procedures in the last 6 years, for which your lawyer will guide you according to your case.

Advocate Manish LawRato