SC Explains Anticipatory Bail – 2009

This judgment is a must read for anyone fearing an arrest in India for any reason. Most of the times, the Indian lawyers don’t know jack about what an anticipatory bail is. One such luminary is a lawyer from the state of Andhra Pradesh, a professed 498A fighter, who famously remarked that a 498a case is an automatic arrest warrant !!

Jackass !!

In 498A cases, the moment you get an anticipatory bail, the police are eliminated as  a factor and you’ve pretty much won the most difficult part of this fight.

Here is one important point to be kept in mind with regard to anticipatory bail:

The filing of First Information Report (FIR) is not a condition precedent to the exercise of power under Section 438. The imminence of a likely arrest   founded on a reasonable belief can be shown to exist even if an FIR is not yet filed.

Here is the coverage from The Hindu

The Supreme Court of India explains the meaning of Anticipatory Bail and lays the conditions for granting it. Here are the 9 guidelines as laid down by a constitution bench, which the  Courts are required to keep in mind while dealing with an application  for grant of anticipatory bail:

i)    Though the power conferred under Section 438 of  the Code can be described as of an extraordinary  character, but this does not justify the conclusion that the power must be exercised in exceptional  cases only because it is of an extraordinary  character. Nonetheless, the discretion under the  Section has to be exercised with due care and circumspection depending on circumstances  justifying its exercise.

ii)   Before power under sub-section (1) of Section 438  of the Code is exercised, the Court must be        satisfied that the applicant invoking the provision  has reason to believe that he is likely to be arrested  for a non-bailable offence and that belief must be  founded on reasonable grounds. Mere “fear” is not  belief, for which reason, it is not enough for the  applicant to show that he has some sort of vague  apprehension that some one is going to make an  accusation against him, in pursuance of which he  may be arrested. The grounds on which the belief of  the applicant is based that he may be arrested for a  non-bailable offence, must be capable of being  examined by the Court objectively. Specific events  and facts must be disclosed by the applicant in  order to enable the Court to judge of the reasonableness of his belief, the existence of which  is the sine qua non of the exercise of power  conferred by the Section.

iii)  The observations made in Balchand Jain’s case  (supra), regarding the nature of the power conferred  by Section 438 and regarding the question whether the conditions mentioned in Section 437 should be  read into Section 438 cannot be treated as conclusive on the point. There is no warrant for  reading into Section 438, the conditions subject to  which bail can be granted under Section 437(1) of  the Code and therefore, anticipatory bail cannot be  refused in respect of offences like criminal breach of  trust for the mere reason that the punishment provided for is imprisonment for life. Circumstances  may broadly justify the grant of bail in such cases  too, though of course, the Court is free to refuse anticipatory bail in any case if there is material  before it justifying such refusal.

iv)   No blanket order of bail should be passed and the  Court which grants anticipatory bail must take care  to specify the offence or the offences in respect of  which alone the order will be effective. While  granting relief under Section 438(1) of the Code,  appropriate conditions can be imposed under        Section 438(2) so as to ensure an uninterrupted  investigation. One such condition can even be that  in the event of the police making out a case of a likely discovery under Section 27 of the Evidence  Act, the person released on bail shall be liable to be  taken in police custody for facilitating the recovery.  Otherwise, such an order can become a charter of lawlessness and a weapon to stifle prompt investigation into offences which could not possibly be predicated when the order was passed.

v)    The filing of First Information Report (FIR) is not a condition precedent to the exercise of power under Section 438. The imminence of a likely arrest  founded on a reasonable belief can be shown to exist even if an FIR is not yet filed.

vi)   An anticipatory bail can be granted even after an FIR is filed so long as the applicant has not been arrested.

vii)  The provisions of Section 438 cannot be invoked after the arrest of the accused. After arrest, the accused must seek his remedy under Section 437 or Section 439 of the Code, if he wants to be released on bail in respect of the offence or offences for which he is arrested.

viii) An interim bail order can be passed under Section 438 of the Code without notice to the Public Prosecutor but notice should be issued to the Public Prosecutor or to the Government advocate forthwith and the question of bail should be re-examined in the light of respective contentions of the parties.  The ad-interim order too must conform to the requirements of the Section and suitable conditions    should be imposed on the applicant even at that stage.

ix)   Though it is not necessary that the operation of an order passed under Section 438(1) of the Code be limited in point of time but the Court may, if there are reasons for doing so, limit the operation of the order to a short period until after the filing of FIR in respect of the matter covered by the order. The applicant may, in such cases, be directed to obtain an order of bail under Section 437 or 439 of the Code within a reasonable short period after the filing of the FIR.

Here is the judgment:

SAVITRI AGARWAL Vs STATE OF MAHARASHTRA – 2009

______________________________________________________________

45 Responses to “SC Explains Anticipatory Bail – 2009”


  1. 1 Niladri Das July 27, 2009 at 8:17 am

    This judgement may be read along with
    GURBAKSH SINGH SIBBIA V. STATE OF PUNJAB [1980] INSC 70 (9 April 1980)

    which states

    ……. the filing of a First Information Report is not a condition precedent to the exercise of the power under Section 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an F.I.R. is not yet filed.

    And the full judgement

    http://iitbiimb498a.wordpress.com/fir-no-pre-requisite-for-ab-gurbaksh-singh-sibbia-judgment/

    Like

  2. 2 Rama Shanker Pandey December 7, 2009 at 1:14 pm

    Dear Sir,

    Dowry act is an issue where all section of society must think seriously, specially when we talk about Heritage and civilization of and my question from every section of society and all responsible citizen of India.

    1. FIR against any Husband and their accused family member should be assumed as Criminal offense and Non Bailable ?
    2. Police harassment has been of such level that soft people commit suicide? How Democratic it is in Largest Democracy of the World?
    3. Suffered family has been terrified and lost faith in fight for Right?
    4. 68 % of the case has been Prove falsified and lacked of any evidence.
    5. I will urge all you us to seeing right amendment so that out of this havoc, police should not arm up to make money by using different tools of torture.

    Remember Sufferer can be anybody and family ?

    Rama Shanker Pandey
    Dammam, Saudi Arabia

    Like

    • 3 Mukesh Saini December 28, 2009 at 10:01 am

      Great Sir really great, if we all come together to protect innocent husbands and their families from false 498a cases, really lacks of persons are suffering from this problem, sir if get any to protect fropm the same please let me know. i want to join i am with you and all those who are facing the problem.

      Like

      • 4 abhi from m.p. india September 2, 2012 at 2:12 pm

        yes you are true i am one of the accused and my family ,i am going throw the same problem. from three months me and my family are going throw mental harsment ,tention ,social life &career ,&life become hell.please HELP me.

        Like

    • 5 suman April 5, 2010 at 6:24 am

      i need some help i feel like the same i am going to be trapped in a dowry case and frod case i am an nri . i need help in chandigarh

      Like

  3. 6 sagarika January 10, 2010 at 10:14 am

    Sir,
    What is current rule for anticipatory bail in U.P.?
    If the case is lodged in U.P. and one of the accused leaves the state of u.p.,shall he get anticipatory bail in other state if the provision exists in that state?
    Please reply urgently to help me.

    Like

  4. 7 Shivam April 5, 2010 at 11:09 am

    What is current rule for anticipatory bail in U.P.? I am In duabi and expected harrasment from Inlaw and wife. Can you advise how to protect me and my widow old mother from it. I am the only son left in family and badly suffering from this threat kindly guide me immediately.

    Thanks & Best regards,

    Like

    • 8 Amit June 18, 2011 at 9:48 am

      Have they filed FIR ? If not then contact a lawyer to guide you better. Because I don’t think Their is AB in UP. You are in Dubai so no need to worry because it is a long process to get sombody from Abroad. Even It took 5 years time to get Abu Salem from Potugal after tremendous international pressure. If you are an innocent and common man it will take several years.

      Like

  5. 9 Shivam April 5, 2010 at 11:14 am

    What is current rule for anticipatory bail in U.P.? Sir I am presenty nased in Dubai with my old widow other and contattly threated by my estranged wife and inlaws . Please advise how to obtain anticipatory bail to protect myself from the misuse of 498a. I trust anticipatory bail is one way to avoid immediate arrest.

    Like

  6. 10 Mohan May 17, 2010 at 3:57 pm

    Dear All,

    I just want to know that what is the fixed time of Anticipatory Bail that the court must issued a AB order to the police.

    Thanks & Regards

    Like

  7. 11 Jogesh Chandra June 9, 2010 at 12:30 pm

    Hello Sir,

    My elder brother is currently expecting to be trapped in the 438 case. His wife is harassing him and her mother is threating him and my family of bad consequence.We are innocent.Please guide us how to proceed.

    Thanking you
    Jogesh

    Like

  8. 12 Amit June 18, 2011 at 9:42 am

    Dear Jogesh,

    Immediately go to near by police station and complain against her and your in laws about this. Try to meet up SHO or ACP of your Area. Write your complaint on paper and get it received by Police. If they deny to give you receiving then send a registered letter in the name of the concerned SHO/ACP and keep a receipt of the same.

    Ask your parents to contact a lawyer in your city to file an affidavit in the court to legally disown you and publish the same in two news papers sothat If Police came to arrest them they can show the affidavit and nes papers cuttings to easily avoid areest.

    Like

  9. 13 jatin June 28, 2011 at 2:34 pm

    if a man fearing arrest in jharkhand in 498a can a man get a.b. after 2 years of complaint ?

    Like

  10. 15 abhaynath das August 27, 2011 at 6:15 am

    Dear sir,
    Don’t waste your time and don’t try to waste my time by beat about bush. Direct tell me what step must take to get anticipatory bail in false dowry case under 498a. for husband and for other family members..
    Thinking you.
    Yours
    Abhaynath Das.
    (abhaynathdas@yahoo.com)

    Like

  11. 16 GAUTAM DHARA September 28, 2011 at 4:24 am

    This happens to be one of the most misused laws of IPC. Husbands and their family are always under the threat of invocation of 498. This allows the wife to do anything she wants coz she knows she has this section of the IPC to back her all wrong doings, be it adultery or any misdemour

    Like

  12. 17 sangeeta October 8, 2011 at 9:14 am

    Hi ,
    I read many comments and mostly the males has drop their ideas that they are being victimise for the acts which they have not done,may be true.But my dear, there must be people who are looking forward for the justice as they have suffered alot.laws are science to establish social setup.you be caught wrongly but the people who makes other life hell.What about them?if you are right don’t fear god and laws are there to help.As the coins have two faces .Law cud be used as venom and antidote .
    I myself has also filed a case of 498 A.I had many expectation from my married life but life had become hell after marrige .I was very happy going jolly fellow and marrige life become a nightmare because of the person whom I have trusted and tiedknot ,left everything for him.people usually say whts new in it .What unusual you have done this is only the costume and ritual.In lieu of these costumes and rituals if we have some strick laws in favour of women whats wrong in it. Have you ever seen a man having courage to leave and move in the same manner(surely when time changes or it will happen all laws will be in men’s favour).If he does others will only point out wd abusing words.This is only man dominating world ……….. giving rights of edu, profession blur blurr ……… is not enough.People having sound family I have seen them to be greedy for money.if they won’t get money they simply want to dominate or rule other person by any means.May be dowry is not asked dirctectly nowadays but peoples have found different means to get it.Now No women liked to be ruled or treated badly.More and more girls are educated they started using their rights may be few wrong but 1% of it correctly used then I think meaning of law and order has been achieved.may be this 1% cud be your sis,mother or aunty.(that is the reason society in mute words showing no more girl child becoz…………….)

    Like

    • 18 Harman Gill October 14, 2011 at 9:29 am

      Hi Sangeeta , its sad that you have suffered from your hubby and in-laws but the bitter fact is that the girls have used 498-A as a weapon to harass tier in-laws. if you are admant that then its of no use and then no one can make you understand. Do you know that the real victims of all these most of them they even does not lodge a complaint but the girls with nature of free going use this as a weapon when any one from thier in-laws object . Sangeeta ji do you know that the girls lodge FIR against the married daughters thier husbands and even thier kids what a shit is this..See there are both sides of the coin,One side is right and the other side is wrong .do you know that if a married girl having illict relations with else and when objected to lodge FIR u/s 498-A. a girl who commit suicide of her own depression or due to her parrents worry and when she dies her family lodge complaint agaist the entire family of the husband what a shit, do you know that most girls lodge this because they want huge amount in lieu, do you know that in most of these casess the entire family including the grooms father mother ,bhabi,un married sister, married sister, the sister in law and many others are indulged in the case because a shit have lodged False FIR against them..
      SANGEETA JI.. THe ladies and girls who suffered and faced trial as accused are also victims of a girls ego, do you know more then double men commit suicide due to harassment in the hands of thier wives and thier family. . And do you know that most of the so called broad minded and the advanced girls are having illict relations , and do you know that most of these above mentioned misbehave and bla bla BBBBBUUUUUURRRRRRRR BBBBBBBBBUUUUUUUUUUUURRRRRRRRRRR and Do you know when a false case is registed against the unmarried sister of the groom then how hard is to find a suitable match for her , do you know what s going on in the mind of a unmarried so called accused, a restiction is imosed either they . Madam if one wolf have treated you badly then it does not mean that the entire male race is like that ..
      NEIther i am uneducated nor m i backward or what ever like that and still i support that this law have taken lives of many innocent..sorry if my words have hurted you..

      Like

    • 19 Manjunatha Prasad.S November 2, 2011 at 6:04 pm

      Dear Sister Sangeetha,

      According to you 498A is an women protected law? is it.
      But I says its only wife protecting or Misusing law.

      Our voice is to make it as Women protecting LAW.

      Just think it in the both the sides.

      While a wife lodging a 498A Complaint, every body is considered as accused whom ever name she mentioned in the Complaint, they even not think that is it true or false.

      This is very dangerous and weak point of this LAW.

      I never says that 498A should be withdrawn or all are False.

      But there is only 1% of sufferers from this dowry harassment women are using this gun, other 99% are like fake encounter.

      So, My suggestion is 498A should be filed only on her husband she can mention the names of his supporters regarding dowry harassment, the arrest can be happen only to her husband and to his relatives, until it proves as dowry harassment.

      So that husband mother, Sister if any and other relatives (Women) they are also belongs to Women, If she gives true complaint then its ok. Think that If it is a false complaint, according to current rules What will happen, they are all be arrested and produced in court.

      Now will you say that it is an Women Protected Law?

      Its just a Wife Protected or misusing LAW.

      I agree that unless everyone in this country marry without dowry and less marriage expenses till that this 498A Act should be Alive in India with some of the above alterations.

      Like

    • 20 shaan December 17, 2012 at 2:33 pm

      Dear Sangeeta Ji,

      Don’t you think that Manjunath Ji has said something very legal and correct and unbiased !!! only the husband should be arrested why the entire family? When the son of the family is suffering the entire family will ultimately suffer. What I mean is that there has to be some limit to everything, similarly the laws as well. Nothing in this universe is called unlimited so the Indian Laws???

      I completely have sympathy for you since you have been facing bad days with your husband, you wont believe, my mother is such a person that she always takes care of the daughter-in-laws of the entire colony, whenever there is an incident of abusing she gets hold of the rest of the women in the society and then gets into the house of the culprit husband and in case the mother in law is also a culprit. She solves the matter then and there and so the people of our society respect her too much.

      You know what unfortunately she had to loose her fame because my psychic wife who was so home sick and couldn’t make up with our family or even me, told lies to her mother that my mom tortures her too much. She even told me many a times this thing. But then she lived with my mother for a week only and then I brought her to my place where I work and we live separate from my parents. When asked what sort of torture she faced she just couldn’t answer me or tell me even one. Howz that for catching a thief !!.

      Being fed up of my wife’s complaints one day her mother came to our house and quarreled with my mom, dad and me and took my wife away. She also started the tandav and alleged my parents of misbehavior with her. When I cross examined for the answers she couldn’t say a thing and used her ultimate weapon the tears. They went away and aborted my child in her womb out of anger and never returned for a year. Now after a year astonishingly my mother-in-law wants her daughter to be taken back into our family. Howz that !!!! When we demanded an apology from them they got hold of a mafia don to put pressure on us. Howzz that !!!.

      Now they threaten us to file a false case of Dowry and Domestic Violance against us. Howzzz that!!!. The mental trauma since the last 1years and 2 months have eaten me up and I have grown some heart dieases as well. Though I married late because I am a late riser. Now I am about 35 and with heart diseases. Howzzz that!!!. I am kicked off my from company because of my poor performance due to poor concentration iin job since these things traumatic things have been taking place in my life, and now I fear of very very high Alimony to be given to my in-laws if I wanna get rid of that deceitful woman. Howz that !!!!.

      Many a laws are made to encourage my wife and her parents to play deceits but no laws are made to support me though I and my family are innocent. Howz that!!!.

      If I commit suicide out of the frustration my LIC money is going to my wife since once upon a time I made her the direct nominee. Now the LIC people also have some conditions before changing the nominee name and my poor parents are left only with sorrows since some outsider just came into our house acting of being one of our own but then robbed us and even murdered the son and lives in peace with the big money. Howz that !!!.

      Ultimately the case is like it was very cleverly played by my in-laws and they are being rewarded for each and every crime they have done. Howz that !!!.

      Hence Sangeeta Ji stop crying of the world being male dominated since the world now is being dictated by the women. Look if there are approx 4000 women committing suicide because of being asked for Dowry or for Domestic Violance then then at the same time approximately 8000 men are committing suicide because they are helpless not only in India but in the entire World. Eventually the world is not a good place for men to live in and there is not other better place for the men where they will be heard. Thats the reason why they are committing suicide.

      Well tell me something, how difficult is it to find a male who doesn’t want dowry? I wish its not too difficult, since I married too without dowry, my father did and my younger brother did as well.

      But then tell me how many women would u find who would give divorce without Alimony? I bet not even one. Try it.

      So suggest me who is in pain and who is dictating.

      Like

    • 21 sheomangalkumar September 7, 2013 at 7:00 pm

      where u r from sangeeta ? can u write me ur current situation on sheomangalkumar@rediffmail.com

      Like

    • 22 Dev February 8, 2014 at 6:36 am

      Dear Sangeeta,

      I do give value for your thoughts and the way you are looking this world. But tell me one thing what wrong the guys has done who have never did that crime and some girl has misleadingly put a allegation against him. This is wrong as this morally make down the other person. He also have parents and Sisters and other members who also suffers for this false allegation. I am not saying to withdraw the law but the way to look the law should be changed. First proper investigation should be done rather just blindly putting the guy’s family behind the bar and of course after investigation if Police find that the allegations are true then proper action should be taken against that Man.

      Like

  13. 23 prashant October 28, 2011 at 11:58 am

    Hi, i am a lataest victim of false 498A, i was caught unaware by the senior police inspector, i was on official tour and the police called me to inform that there is complaint put by my wife, they asked me to come and give my statement and go, i innocently went , the ploice called my wife and then 498a wwas put on me and i was arrested, and you know i have been married for > than 12 yrs and from dec 2009 am not even staying with her , i had to flee my own house due to fear that she might kill me , as she used to hit me daily for 8 yrs and finally when she hit me with a knife , i took the decision to run away.

    Anna is fighting against corruption by the govt, but who is fighting for the innocent citizen of our country who r suffering due to a highly missused law 498a.

    Like

    • 24 shaan December 18, 2012 at 4:13 am

      Dear Prashant,

      When this violence was regular in your part you could have made an evidence to be produced in the court whenever necessary. A mere video recording would have been enough.

      I have also been facing the same bloody situation, and when I react to her slaps and kicks it makes a case against me for domestic violance against wife. The bloody 498A.

      Well I have made some evidence in my support which would help me once my in-laws approach the court. Till that time I am silent. U know someone said ” SILENCE KILLS” I am trying to kill my in-laws with my silence. They are unable to make out whats going on in my bloody brain, They have been spreading rumors in our society against me that I am living separate from my wife because I have a prostitute at home and I drink too much but then I am getting to know what they are thinking about me.

      My younger brother got married last month and I didn’t invite them, the message was clear that my wife means nothing for me now and they have a clear idea that I am unwilling to bring her back home.

      Till now my in-laws have not reported to the police and I have kept all probabilities open. What if they do and what if they don’t.

      So don’t loose heart, try and make some evidence at least, make a list of whatever the clauses in 498 are under which they can trap you and then try and make evidence against each of those clauses.

      Like

  14. 26 Garry Thomas December 1, 2011 at 7:22 pm

    My brother’s wife has threaten of 498A against my parents and me. I am not staying with her since more than one year. Kindly advice how to protect myself in this case. Should I take AB in advance and will it be granted ? What documents & proof i need to submit to get AB.

    Kindly reply

    Like

  15. 27 DEV RAJ February 13, 2012 at 3:29 pm

    A wife engages with another person. Husband opposed. Wife’s family supported their daughter and wife file a FIR u/s 498A for continuance of her illegal relationsheep with that person. In this case u/s 498A is a black spot on my Country, my Constitution and law makers of my country.

    Like

  16. 28 optimistic fella March 21, 2012 at 1:17 pm

    hello all!!!! latest entrant to this blog..if it is one! today is 21 mar 2012….and i begin my fight against a 498a case filed against me..and my parents! i hope to get someSANE feedback/advice…from people who have been through this ordeal!

    Like

    • 29 shaan December 21, 2012 at 8:43 am

      Hi fella,

      I am very sorry to learn that no-one has given any piece of advice to you though. But can you please tell me what kinda situation does prevail in the court. Its such that I heard that the men are never heard of in the court and the women are give nall the opportunities to speak. So please tell me is that true?

      Like

  17. 30 ronit April 16, 2012 at 8:04 am

    hi, my wife is a model and she ruined my life for her carrier in glamorous and media sector she left me 1 and half years back and when she left me she just said me she would come back after a month but she never came back and when i asked her to come back she and her parents demanded huge amount form me and when i refused to give they lodged 498a against me on false allegations.. im a defense personell and most of te time busy in remote places of the country due to my job and my job is too sensetive in nature and unable to concentrate over me work that can cause even my life and other troops. she met my parents once and even she did left them too she filed case against them too, she just satyed with me for 6 months after marriage.. my parents are old and there is no one to help me out.. i tired to give her everything but she is sending me to jail for no reason.. her advocate says me to compromise giving the money but i dont have that mcuh amount.
    this 498 a is a black spot over the law and womens are misusing it with a smile on this face.. i might prbably land into the jail soon and loose my job and thats to on false allegations,, its amazing,, i worked for many rescue missions saved people all my life,risked my life many times during humanitarian works for United nation org in africa and what in return the country law offers me -jail…its amazing still im on a important work the day my work finishes i have to go and surrender to police before 7th may….

    Hats off to law.. even police is so corrupt they lodeged complain on back date and they say they were doing investigation from last one year and the best part is that they never contacted me or my family members in this one year and finaly diretcly come to arrest me….

    i dont know what is the future of the law system..

    Like

  18. 31 sanjay April 28, 2012 at 6:37 pm

    i got married by arya smaj and my wife is with me. but her father lodge FIR 497,498 and 366. wat i do

    Like

  19. 32 Apoorv August 1, 2012 at 5:32 pm

    Friends, I have read all your posts….the very first thing you need to do is to get an anticipatory bail as soon as possible. Once you get it, then everything needs to be done methodically. But first go get the anticipatory bail. If you need any further help then you can contact me on 9876089150

    Like

  20. 33 abhi from m.p. india September 2, 2012 at 2:18 pm

    public true help to all on site for husband

    Like

  21. 34 Kartik Chaudhary February 14, 2013 at 10:12 am

    My Wife left me in Dec 2009 . Ours was an arranged marriage that lasted eighteen months, but during those months I unfortunately fell in love with the person I married. I spent Lakhs of rupees on making her happy. However due to incessant interference of my greedy Mother in-law Mala Gera , my wife left my home with all jewellery.
    I tried all means relatives, friends , sent 200+ emails, calls , yet to no avail.
    I even offered her the alimony of her choice, Yet she said she neither wanted to come back nor release me. She wanted all money in unaccounted cash and thats where our agreement broke off as I was willing to give it only in front of Judge via valid DD or Payorder.

    Then Finally in Oct 2012 , I filed a divorce case in Delhi . Both of us work in Delhi-NCR. Then as expected she has filed a complaint in Chandigarh which is pending with Women cell alleging everything from 498 a to DV Act and so on .

    Now don’t know whether I can get an AB just against the complaint where no FIR is filed yet. Not sure whether I should go to Chandigarh as requested by Investigating off. Does CAW cell have power to convert a single meeting to FIR on same day given that no investigation has taken place

    Like

  22. 35 samar August 14, 2013 at 7:24 am

    hello sir,
    i & my wife had a love marriage am a muslim & we did court marriage & also nikah ,its been 2yrs now and we r also blessed with a baby girl ,after the birth my in-laws have changed & they have brain washed my wife so much that she didnt come to my house for almost 9months after her delivery & during pregancy she stayed there for 7 months…so in total she stayed there for 16moths in our 2yrs marriage, later she insisted me to buy a seperate house & started keeping conditons,i even rented a house but now her parents or other family memebers keep coming or they call her to their place, several times we had argument on this ,she also told me she will file a police complaint ,so i would like to know is there anyway i can take anticipatory bail as per maharashtra rules to make myself & my parents safe.

    Regards
    Samar khan

    Like

    • 36 debashis December 3, 2013 at 9:08 am

      Dear SAMAR,

      I don’t know your problem solved or not !! if not solved then try this !!

      go to WeMEN”S Cell ( MOHILA COMMISSION), write a latter to them what you mention here.

      Sent a Registry latter to police station mentioning that your wife not staying with you almost 1 yr or more

      Like

  23. 37 DEBASHIS DUTTA November 23, 2013 at 4:20 pm

    Hi !!

    I Stay in kolkata.

    I have read all above letters , all are liking true & those faces 498A & so that they are looking for justice , is here any-one get justice !!

    My case nothing different !!

    Not only I have not taken DOWRY but also her parents force me to take some utensils like, bed, Almira , fridge & washing machine, Those till now I am used & never used before & she & her parents know that.

    married 11-03-2011 , 12-03-2012 found she has stone in KIDNEY after that so many illness found her body, like she felt in toilet in our house & her house also, neuron problem also found, but not only her parents never say about her treatment nor she, I ask many times but they keep mum, she stay with me all along 50-55 days , last she left my house 07-03-2012 & after that she fighting over telephone & sending bad messages also.

    Now her father asking for the utensils back but no discussion about DIVORCE & they sent me legal notice claiming those utensils & some false statement against me & also mention 498 A.

    Can any-one told me what I do now !!

    What is Anticipatory Bail ( May i get this ?) , when I take this ? the date of answering legal notice 18-12-2013 . may I take that AB before the date ? what is COST of AB ? is AB amount refundable ? If yes, how ?

    Please urgent

    Like

  24. 39 Akash Malhotra April 25, 2014 at 12:05 am

    Hi All,

    My case is similar to Debashis with just a few ad on. Me and my wife met over a social networking site and became friends. Proposal was made over the phone and was made by me which she accepted. She was from a different state and I from another. However she came to me to live with me she gave an excuse to her family that she got an job. We we started to live together we stayed together for 4 years without marriage and I was the one who was bearing all her expenses.

    Later when we told her family about our relation hiding the fact that we were staying together and just telling them that we were in love but after a little hesitation they agreed. I moved closer to her home town for my job and got married.

    After 3 months of marriage I caught her browsing porn, she sends her pics to other guys and keeps spreading rumors about me to her family and my friends circle. Even when I got her life dairy I found that she wrote that she feels like a slut and smokes and drinks at home.

    I had to inform her parents to come and interfere however they stayed long 8 days in my house and kept accusing me and my mother for the situation. Now finding no other alternatives and I had to send her back with her family. Her father promised that he will rectify the issue and send her back to me. But now they have started sending me emails and trying to accuse me of taking dowry from them. To which I have clearly asked them about the matter but they are not willing to revert back to me.

    Now I am suspecting that they are trying to file a 498 against me and my family. How do I report this. She has taken all her luggage along with her.

    Any help would be very helpful for me. Please reply as soon as possible.

    Thanks & Regards
    Akash

    Like

  25. 40 miami roof repair June 6, 2014 at 7:24 pm

    Your style is very unique compared to other people I’ve read stuff from.
    Many thanks for posting when you’ve got the opportunity, Guess
    I will just book mark this web site.

    Like

  26. 41 anowar hussain laskar August 17, 2014 at 1:31 pm

    can there be two FIR against two members of a family in a search operation by the police at the same time on different grounds in the FIR

    Like

  27. 42 pardeep August 17, 2014 at 3:10 pm

    simple method for false 498a apply for AB bail in court and then letter for reinquiry send in ssp or dig police station against False F.I.R and remove ur parents name and supreme court guideliness and home ministry letter for missuse of 498a attached with the reinquiry and bail letter and permision stay on arrest

    Like

  28. 43 Victim 498a October 2, 2014 at 4:57 pm

    Hello !

    My brother is married for over 10 years, and have 2 children, they ware living separately, his wife suspects him for everything and they quarrel frequently, now she has falsely framed filed FIR against her husband, brother-in-law and mother in law for 498a, 504, 324,506. We consulted a lawyer, who agreed to get anticipatory bail for 15,000 for three of them within a day, after few hours he calls up and demands 45,000 more to get the anticipatory bail. we asked to stop the proceeding and consulted another lawyer, who agreed for the same amount for 15,000 to get anticipatory bail and he informed it will take at least 1 week. After few days the 2nd lawyer said both the lawyers have filed for the anticipatory bail, he informed us to ask the 1st lawyer to withdraw. When I contacted the 1st lawyer, he was not willing to withdraw, he was demanding more money and threatened that he will cancel the bail proceeding , you will face arrest and need to go to high court for bail. 2nd lawyer says only when he withdraws or gives No Objection Certificate, we can proceed. as we are innocent and this is new to us. please advise, what we can do.

    jsp.certifications@gmail.com

    Like

  29. 44 chandrakumar October 3, 2014 at 8:52 am

    Respected chief justice of supreme court,
    Sir,please pass an ordinance stating that Ration card ,voting rights & citizenship will be cancelled those who files Fake 498A cases i.e (wives file fake 498A cases against innocent husband & their families) for their self benefits such as money & luxurious wants……

    Like

  30. 45 mohan January 14, 2016 at 9:57 am

    Dear Men.
    I want to make my comment in sarcastic way. Can we not marry these Woman.? You will see them selling themselves . I know it is antisocial, but do we have an option other than not to enter in to a wed lock while this draconian law exists.? If you advice/shout/express your dislike on her behaviour/ if she sleep with some one else, and yet she is protected with the caption 498a…a golden sword ,any friday you can get killed by slitting your neck.
    Guys..think of it, do not get your children to marry, let them live their life in a different culture which is totally different than our old traditions and culture.

    let our politicians,law makers and our legal systems enjoy the new culture.

    Shame on us..Shame on you…Indian men.

    Like


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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