Anticipatory Bail in 498a
Anticipatory bail in 498a is advisable and recommended
A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.
The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.
The trauma is whether they can be arrested or not.
It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.
The process of getting Anticipatory Bail in 498a
The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles
The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406
Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.
Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.
Grounds to argue 498a bail application
- Old parents this ground works if parents are old.
- Prior divorce petition pending.
- Strong roots in society
- Ready and willing to join investigation.
- Vague allegations
- Delay in filing FIR
- Return of streedhan articles.
Grounds for rejection of Anticipatory Bail in 498a
Generally the anticipatory bail in 498a is rejected when there is non- cooperation on part of accused in investigation and secondly on gravity of offence.
Otherwise court is lenient in granting anticipatory bail to old parents and other relatives.
what to do after getting anticipatory bail in 498a
Generally the IO will call the accused to court to furnish Bail bond and surety. Which is to ensure that the accused will keep attending the court.
is anticipatory bail amount refundable
There is no money actually deposited in anticipatory bail generally court will keep documents of the surety like the RC or FDR but no actual amount is deposited
cancellation of bail in 498a
The cancellation of bail can be filed in High court only when the cancellation is eminent due to breach of bail order. So strong grounds of breach needs to be pleaded
Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.
This is right strategy to abate any arrest circumstances.
Advocate Nitish Banka
ADVOCATE Nitish Banka
Best Bail Lawyer in 498a