• Procedure for anticipatory bail with personal bond

My brothers wife filed 498A false case on 4 of us and now we got anticipatory bail (AB) as no evidence is present on 3 of us so ( AB ) with personal bond with 10K each for 3 is granted and asked usto surrender to police station within 15 days... so now i would like to know that exact procedure 
1. where is the challan amount to bepaid for the personal bond at court or at police station?
2. do we get any receipt? showld we surrender ourselves only after we get bond?
3. should all the 3 members be present for personal bond payment or any one of us can do?
Please help meout in letting these details can we surrender before paying or getting personal bond?
do we get any copy of Bail after personal bond?
Asked 5 years ago in Family Law
Religion: Hindu

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22 Answers

1. It must be mentioned in order the amount and surety which has to be given.

2. You will have to sign the police register and if any amount is to be deposited receipt of same sha be given.

3. All three presence is required. Further the bond amount has to paid assuring the presence that you all shall present on all next dates.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) it has to be paid at court 

 

2) you would get receipt 

 

3) three should remain present for bond payment 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

No amount is paid in personal bond only a bond is signed if you flout the conditions of bail the said bond is forfeited and you need to pay that amount. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Hi

For all your questions only one answer..

You need not to pay any bond to anyone .

What you are required to fulfil now is to get the REGULAR bail before the surrender..

THANK YOU

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1) At Court

 

2. Yes you would get acknowledgement copy of receipt. 

3.all 3 members shall present. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You have to pay the bond at the time of surrender, no need to present the personal Bond before the surrender.  The right procedure is to arrange a proper surety worth rupees 10000 or more if you want to give any property other than money as the bond. If you do not want to present any movable or immovable property you can also produce rupees 10000 cash as for the surety/bond. 

 Not necessary to present all the three members jointly before the court for the grant of permanent bail. You can  surrendered before the court one by one but must within the time fixed by the court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Since it is personal bond no amount to be deposited and surrender and seek regular bail in the court of the Magistrate.

2. In court you would get receipt for the bond you .

3. To seek regular bail and furnish personal bond physical presence of all the accused persons is necessary.

Do as advised above. Meet a local lawyer who practise in lower court.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

You have to execute personal bond then  surrender before police 

 

2) you are released on your personal undertaking that you would regularly attend the court and in case of default would forfeit to the government a sum of money.

 

3) no need to give FD receipt 

 

 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

You have to present yourself before the IO along the copy of order. IO is investigating officer the police mam .

In personal bond FD receipt is not required you need to deposit the amount along an undertaking that you shall be a valuable for investigation and present yourself before court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

The following information may kindly be read:

Steps to get an anticipatory bail

 

How to get an anticipatory bail?
Follow these 7 steps to get anticipatory bail:

  1. Immediately contact a good lawyer to apply for anticipatory bail and pre-arrest notice.
  2. Draft an anticipatory bail application along with your lawyer and sign it.
  3. The application must also include an affidavit supporting 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 7 days before arresting you.
  • In this time period, you can file for an anticipatory bail.

Conditions based on which the anticipatory bail is granted:

  • The nature and gravity of the accusation;
  • Reason to believe that, you may be arrested.
  • You shall make yourself available for questioning by the police officer as and when required;
  • You shall not make any threat or promise to any witnesses.
  • You shall not leave India, without the previous permission of the court.
  • Filing of First Information Report (FIR) is not a pre-condition for filing for an anticipatory bail.

 For how long is my anticipatory bail valid?

Once you get an anticipatory bail, it normally remains valid till your case is completely disposed of. However, in few cases the court decides the time period for which the bail is granted. If you have an anticipatory bail, you do not need a regular bail unless the court orders arrest.

What to do if my anticipatory bail is rejected?

If your anticipatory bail application is refused in Sessions court, you can approach the High Court or further to the Supreme Court.
 
What next after anticipatory bail?

The procedure that is followed once bail is granted to you:

  1. You are required to be present at the police station; whenever you are called.
  2. You should take your friends or relatives along with you, who shall act as your surety.
  3. Your sureties should carry the required bail amount as directed by the court.
  4. You and your sureties will be required to sign a bail bond, which is a document that mentions about forfeiture of the bail amount and other legal consequences, in case you do not follow the directions of the court.
  5. The bail amount is decided by the judge.
  6. Sometimes you may be directed to keep your property as a security for bail. Your property can be seized or sold, if you do not appear when required by the court.

 

Rights under anticipatory bail

Once you have acquired an anticipatory bail, the police cannot arrest you for the time period mentioned in the bail order. But if you fail to abide by the conditions put forward by the court, on basis of which the bail has been granted, the court may direct your arrest.
 
Can an anticipatory bail be cancelled?

There is no specific provision for cancellation of bail, but a bail can be cancelled by the High Court based on certain grounds to meet the ends of justice.

A request for cancellation of the anticipatory bail can also be made by the opposite party or the police, in case you violate any of the directions imposed by the Court.

Basic expenditure to get an anticipatory bail

Since, consulting a lawyer is a must in order to get an anticipatory bail, thus you must be aware of the amount of money that you need to spend for the same. An anticipatory bail can cost you around Rs.25,000 to Rs.30,000, depending on the seriousness of your case and the skills and experience of your lawyer.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

The person bond is executed at police station when you are called for fulfillment of conditions of bail. The police will ask you to bring required documents for the same.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

After deposit and execute personal bond surrender with intimation letter before police. 

You can give xerox copy.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Your papers need to be perused.

But you are advised to engage a local Advocate. You should comply to the court order. As you said you have obtained favourable order. Then get the surety and the required amount of FD and or other guarantee and get the Bail bond. Once bail bond are filed , you shall be released on bail immediately. File the Bail bond. You won't be arrested.

 

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

If the accused is directed to surrender before police station then he may have to pay the bond amount before the police station.

You surrender before police they will issue a receipt for the amount deposited before them.

Yes everyone have to surrender before police

 

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Yes, you have to surrender before police before going to court which is the condition imposed while granting bail.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

It is examination in chief ie for leading evidence by the prosecution 

 

2) summons must have been sent in DV case but report of service has not been received . Hence status is shown as awaiting reports 

 

3) no need to compromise 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

If chargesheet is submitted and charges are formed in that case now court will record examination in chief of prosecution witness and your side need to cross examine them.

Further if summons are not received then wait for them then file reply and in other case you need to.file reply and can approach high  court for quashing of complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If there is not much money involved then it is always a better option to make out of court settlement. There is no point in fighting the case for years together to prove your innocence.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

You have to wait till summon received, then file reply. 

The accused always has a right to approach the High Court for getting the proceedings of the lower court quashed. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

It's pemdimg for cross examination and in other cases you will receive summon

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Change the advocate if he is not taking the matter ahead. 

If you have not done any wrong then there is no point in going for a compromise of the matter 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You cannot file discharge application in the DV case even before you are served with the summons.

In the 498a case it has come to stage of trial and your lawyer has to cross examine the witnesses.

Let the DV case begin in the trial court after which you can plan about filing discharge petition.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

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