Best strategy to avoid arrest in False 498a
CAW complaint filed
Your wife files a CAW complaint in women Cell and police calls you to do counselling.
Sometimes fear is instilled in the mind of the Husband and family members due to the fear of FIR and arrest.
Now I will share with you the best strategy to avoid the same.
The concept of Notice Bail
The concept of Notice bail is not that new but very less professionals know and advice client.
Instead of living in fear of arrest in 498a and satisfying illegal demands of the police. It is better to take little protection from the police. This can be done through the notice bail.
Very few legal professional know about the concept. In case the fir is not filed then also bail can be granted it will be a protection a week or two after registration of FIR and before arrest.
Again after getting this protection then again the person can apply for the anticipatory bail in same court and this time proper hearing will take place.
Condition of anticipatory bail
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.
Once the Fir U/s. 498a/406 is registered it is better option to take anticipatory bail in the offences as read in the FIR. I have already discussed the chances of anticipatory bail U/s. 498a and 406 in my previous article of chances of getting anticipatory bail in 498a But when you move for anticipatory bail in the court the court may impose certain conditions like depositing a demand draft of certain amount in the name of wife and the complainant as a part of maintenance. Now these conditions such are ultravires to the provisions of section 125 CrPC and these type of orders can be challenged in higher courts. When a specific provision is there for maintenance of wife and child such conditional anticipatory bail in 498a is against the law.
- In Narinder Kaur V/s State(NCT of Delhi) 2007(141)DLT 761
Complainant father in law released on anticipatory bail and petitioner, mother in law granted bail on condition of depositing Rs. 50000 by way of demand draft in the name of complainant complainant husband already paid Rs. in addition to deposit of Rs.1.25 lakh and she is disinterested in receiving Rs, 50000/- Both parties earning well and in dispute in ither fora condition of petitioner to pay complainant Rs. 50000/- set aside.