If you have been arrested by the police for cruelty in a case that has been registered by your wife against you, you have the right to file for a regular bail in 498a matter. Find the intricacies of how to get bail below.
Can you also file for anticipatory bail without an FIR in 498a case? Yes, if you have any reason to believe that your wife may file a dowry case against you, you should immediately apply for anticipatory bail. Once you get an anticipatory bail from the court, no arrest shall be made in such a matter. Visit our service page and contact a well-experienced lawyer in your area to discuss the matter.
To read more on regular bail and anticipatory bail, you may refer to our detailed law guides on how to get bail in India and the difference between regular and anticipatory bail.
As soon as you hear about a complaint being filed against you under section 498A, you should take the following steps:
Immediately contact a good lawyer to apply for pre-arrest notice and anticipatory bail.
Draft an anticipatory bail application along with your lawyer and sign it.
The application must also include an affidavit in support of it.
A copy of the FIR, along with other relevant documents, must be attached.
File the application in the Sessions court or the High Court.
You must send somebody with your lawyer to the court for the hearing of your application.
The protection under anticipatory bail is available to you till the end of the trial.
After the above procedure, there are two situations that may prevail:
I. When no FIR has been filed:
In such a situation, there will be no grounds for granting a bail.
Your lawyer must request the court to grant you a pre-arrest notice instead.
If granted, use this pre-arrest notice period to apply for anticipatory bail without FIR in 498a.
If your regular bail in the 498a case application is rejected, you can apply to the High Court and further to Supreme Court.
II. When an FIR has been filed:
The investigating officer will send you a notice of arrest seven days before arresting you.
In this time period, you can file for an anticipatory bail.
The nature and gravity of the accusation;
Reason to believe that you may be arrested.
You shall make yourself available for questioning by the police officer as and when required;
You shall not make any threat or promise to any witness. The person shall not leave India without due permission of the court.
Filing of a First Information Report (FIR) is not a pre-condition for filing for an anticipatory bail.
The procedure that is followed once bail is granted to you:
You are required to be present at the police station whenever you are called.
You should take your friends or relatives along with you, who shall act as your surety.
Your sureties should carry the required bail amount as directed by the court.
You and your sureties will be required to sign a bail bond, which is a document that mentions about forfeiture of the bail amount and other legal consequences, in case you do not follow the directions of the court.
The bail amount is decided by the judge.
Sometimes, you may be directed to keep your property as security for bail. If you do not appear when required by the court, your property can be seized or sold.
Once all the requirements are fulfilled, you no longer need to fear arrest in this matter.
There is no specific provision for cancelling bail, but the High Court can cancel bail on certain grounds to achieve justice.
A request for cancellation of the anticipatory bail can also be made by the opposite party or the police, in case you violate any of the directions imposed by the Court.
Your anticipatory bail can be rejected if:
You have been previously convicted of an offence, which carries a punishment which may exceed seven years.
You have been convicted at least twice in the past for offences which are cognizable and non-bailable.
The judge believes that you have committed an offence, which is punishable with a life imprisonment or death sentence.
If your anticipatory bail gets rejected in the lower court, you can file an appeal in the High Court and further in the Supreme Court.
Anticipatory bail is available even without an FIR, providing protection against potential arrest.
Sureties and Conditions can be imposed, such as refraining from tampering with evidence or leaving the country without consent.
Compliance with post-bail obligations, including attendance at the police station and cooperation with inquiries.
Bail can be revoked if any of the conditions are not complied with or compelling evidence is presented by the prosecution.
In case of a rejected application, recourse can be sought through appeals to higher courts.
Most importantly, consider legal advice from top-ranking criminal lawyer well-versed in addressing bail in a dowry case under Section 498A.
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