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How to get bail in dowry matters


If your wife has filed a dowry case against you, there are various provisions in law that will help you avoid police custody/jail.


ANTICIPATORY BAIL:

It is a bail that you can get even before you are arrested.

Steps to get an anticipatory bail, in case your wife files a complaint against you:
  1. Immediately contact a good lawyer to apply for pre-arrest notice and anticipatory bail.
  2. Draft an anticipatory bail application along with your lawyer and sign it.
  3. The application must also include an affidavit in support of it.
  4. A copy of the FIR along with other relevant documents must be attached.
  5. File the application in appropriate district court. 
  6. You must send somebody with your lawyer to the court for the hearing of your application.
  7. 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:
 
  1. 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.
  • If your bail application is rejected, you can apply to the High Court and further to Supreme Court.
  1. 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.

Requirements for anticipatory bail:

The Court may require you to:
  • Be present for investigation and in case you do not cooperate with the investigating agency, you shall be arrested.
  • The court may seize your passport and other such other related documents like your title deeds of properties or fixed deposit receipts or share certificates.
  • You may be directed to furnish sureties of number of persons.
  • You may be directed to furnish an undertaking that you would not visit the place where the witnesses reside.This is done to avoid the possibility of tampering of evidence or influencing the course of justice.
  • Your bank accounts shall be frozen for small duration during investigation.

REGULAR BAIL:
  • It is the kind of bail that you get, after you have been arrested.
  • Your lawyer will arrange for your bail.
  • If you already have an anticipatory bail, you do not need a regular bail unless the court orders arrest.

TRANSIT BAIL:
  • It is the kind of bail that you need to get, if you are arriving from abroad and landing in your home town before heading for the place where the case has been registered against you.
  • This is usually needed if you have been made the subject of a lookout notice, and you have not been able to obtain anticipatory bail so far.
STAY ON ARREST:
  • In states where there is no provision for anticipatory bail, you can apply for a stay on arrest.
  • This order stops the police from arresting you or your parents without the permission of the court.
  • The procedure to obtain a stay on arrest is similar to the procedure followed to get an anticipatory bail.
 

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