• Anticipatory bail - prosecution or arrest?

I was falsely accused in a FIR by my neighbors. I got an Anticipatory bail with 20,000 surety (my family paid the 20000 rupees ). The matter stretched for few months. The chargesheet was not filed . I settled the matter outside the court and the complainant withdrew his application. Now I am applying for govt job. there are two questions in form :-
1- have you ever been prosecuted ? - should I write no as chargesheet was not filed and case was withdrawn
2- Have you ever been arrested? - should i write no as I never stayed in prison . I had anticipatory bail . I don't know what that 20000 rupees were for
Asked 7 years ago in Criminal Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

16 Answers

1. Write NO

2. Yes you should write NO

no one is guilty unless and until proven. It is the basis doctrine of Indian Legal Jurisprudence.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes you can write but in anticipatory bail also they arrest and then release you. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. If it was a criminal case it cannot be withdrawn it was either settled and compounded if the offences were compoundable and further if non - compoundable then it must be quashed,

So if the offence is compounded and settled then in that case you should right yes.

2.  Yes in this case you can write no. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You should write yes even if the charge it was not filed.

2. You should write no.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

It is pertinent to note that there is no bar on selection on the ground of pending trial... 

You said your case has been compromised then you can mention NO in form.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

you have been prosecuted used as FIR was filed against you 

 

2) you were never arrested 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. The answer would be yes as you indeed was prosecuted and subsequent withdrawal of the complaint would not change this reality.

2. The answer would be no. Since you obtained AB, the mount you paid was for furnishing Bond.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. You faced prosecution, so you have to answer the question in affirmative. You can also mention that chargesheet was not filed and the case was compounded.

2. If you were not arrested then you can answer the question in negative.

3. Speak to a lawyer personally before you answer the questions.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

Yes you can apply for Govt job .

1 FIR never means that u r guilty.

2 if you are arrested by police then it is responsiblety on police they can take u for exam

3 at the time of joining your case could be wind up. If it is not then you joining may be delayed

4 if court convicted you the. You are not eligible for Govt job .

You are innocent till proved guilty.

So at the time of applying for Govt job, if there is a column in the form that talks about any FIR/Criminal case pending, you need to fill up the correct details in that.

Unless, you are convicted by the Court, you are good enough to apply for a job and do it.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

NO

NO,for both above and who said rs. submitted in court as bail surety. Only bail bond is file and copy of vehicle documents submit in court as surety.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. NO

2. NO

 

apply with full confidence and concentration and GOOD LUCK

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Sir,

You have applied for anticipatory bill so you can answer in negative for the query 

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

1. You should mention ONLY that you were never prosecuted.

2.  You should mention ONLY that you were never arrested.

3.  IF the complainant had withdrawn his complaint, THEN it means that there is no record of the complaint in the Police records and no court case was ever filed against you.

4.  Hence legally you can capitalize on point no. 1 & 2, above, for your job requirements /declarations in any document.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

  1. As per the information mentioned in the present query, make sit clear that you wish to provide some vital information in the job application form, and the same need to be corrected/ true.
  2. Let me tell you that as an FIR has been registered on you, it means that you have been prosecuted irrespective of the fact that whether the chargesheet has been filed or not.
  3. But, yes you should be stating in negative with respect to the question of arrest, as you got anticipatory bail which means court believed in your words for cooperation in the investigation and no need to arrest you.
  4. Along with alll these, let me tell you one more fact that till the time you are not convicted you can’t be taken out just by filing yes to the question of prosecution. As if this would have been the case then no one would have had ever got the jobs as everyone has their enemy and they would go and file false FIR irrespective of the fact of truth in it, just to ruin somebody’s life.

Rest, if you wish I can search for some good judgments on this issue which may help you in future.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

YES, the answer of both the question will be (no)

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

1.  Your case was withdrawn by the defacto complainant even before the prosecution began, hence you can safely say "NO"

 

2. Since you were not arrested, you can say NO.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer