Appoint lawyer. He will get anticipatory bail for you.
My Brother has been falsely accused Under Section 154 Cr.P.C (Section 419, 420, 467, 468, 471, 406). Police is with opposite party as they are rich and powerful. How can we avoid arrest? Is there any process to apply for anticipatory bail? We have no idea about criminal proceedings, seek help in simlay layman language.
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Appoint lawyer. He will get anticipatory bail for you.
The opposite party is also accused in the kidnapping case of my brother in May 2018 against section 364. Police has not taken any action against them till now. Somehow my brother ran away from kidnappers. They are now trying to deviate this case by falsely accusing my brother. Police and it seems district judge is also with them. They have no proof.
Firslty, yes, there is a provision of Anticipatory bail when any person have apprehension of being arrested.
Secondly, you need to be abscond for a while so that the same can be filed before the court of law.
Thirdly, it’s the discretion of the court to allow the same or not depending upon the prior criminal record if any, plus conduct of the accused, and also the chances of his being corporates in the investigation.
Fourhtly, apply before the sessions court then move to the High court if no relief then to the Supreme Court.
Hi, if the FIR has been registered,it is advisable to file for anticipatory bail in high court under section 482 Crpc to avoid arrest
Approach High court for taking action in kidnapping case as well as quashing of current FIR against you.
1)IPC 420 468 is Cognizable and Non-bailable offence and in the same arrest can be made right after registration of FIR or anytime before filing of Chargesheet.
2) First of all you are required to file anticipatory bail with session court or high court under section 438 Crpc
3) after obtaining the bail, you can appear before the trail court and after framing of charges the evidence is to be conducted.
4) contact any expert criminal lawyer with details.
Can we apply for anticipatory bail from any high court or only concerned Jurisdiction that is Lucknow High Court in this case
Only from the sessions court under whose jurisdiction the crime is registered.
yes... from lucknow high court
sir a writ petition must be promptly filed in the high court for staying your brother's arrest and quashing of the FIR under s. 154. kindly elaborate as to the concerned police station and the district and then i can help you in a better way.there is no rpovision of anticipatory bail in UP so ther means have toi be adopted.
Sir in UP your brother have to file a writ petition before high court seeing direction for police that no coercive action shall be taken against your brother.
Meet a high court lawyer file a writ before the high court you shall get the relief.
For the purpose also first an application can be moved before the SP and the magistrate court so direct police to investigate in case and submit report further for change in IO or calling report for this purpose also the high court can be approached high court can direct police to investigate and take action
Further the above case of kidnapping shall help you getting anticipatory bail i.e no coercive action in writ before the jurisdictional high court,
A quashing petition also can be preferred in high court to quash the FIR as it is false and counter FIR just to disturb your case.
Greetings of the day.
Yes you can directly produce your brother in the court where the case may presented but with the surety or bail ready or try for anticipatory bail at district court . Catch a expert criminal lawyer and go head file anticipatory but it takes time and may get reject too sometimes....
Your brother has to apply for and obtain Anticipatory bail from sessions court
2) mention that kidnapping case was filed against accused and as counter this false case is filed
3) court should grant your brother AB
Better apply before sessions court only
If you want to apply before HC it has to be HC in YP only
1) You can go for anticipatory bail as per U P state law.
1. The only way to avoid arrest is by obtaining anticipatory bail, else arrest is imminent.
2. In anticipatory bail the court can on the very first hearing grant stay on arrest.
For the inaction by police in the kidnapping case you may file a petition under 482 Cr.P.C. in the High Court to seek fair, free and speedy investigation.
UP is the only state in India where there is no provision of anticipatory bail. Hence, you will have to approach the Lucknow Bench of Allahabad High Court with a petition to seek stay on arrest.
You need to file anticipatory bail before sessions court under 438 Crpc and try to get anticipatory bail if it is rejected approach high court. After bail is granted lodge a private complaint with magistrate to direct the police to investigate the offence of kidnapping that is committed by the accused. Till anticipatory bail is granted your brother should be under ground. You need to apply in jurisdiction sessions court where complaint is lodged and later to jurisdiction high court. Other high courts have no power to grant bail for offence committed in other state.
1. There is no provision for anticipatory bail in UP.
2. So you have to file quashing petition and seek stay on arrest.
3. Since this is the cross case from your kidnapping case the high court is likely to pass order of stay on arrest and then dispose of the case.
Anticipatory bail is not available in Uttar Pradesh this is a state amendments in the CRPC but you can apply bail under section 482 are preferred quashing of FIR from the High Court
In UP there is no provision of anti-cipaory bail and you may approach High court under section 482 Cr PC for quashing of FIR, arrest stay etc.
You can file anticipatory bail application to secure protection.
you will have to file ABA at a sessions court and explain these points in the ABA with a valid proof to prove your innocence .
In UP state there is no provision for AB.
If you want to avoid being arrested you may approach high court with petition under section 482 Cr.p.c seeking not to arrest.
First you get an order for not to arrest and then challenge the same in trial court.