An anticipatory bail application should immediately be filed in the high court. You will get bail. You should annex all the documents including the police complaint. After the bail is granted you should file a petition for fir quashing.
Regards
Charged with 306/34 for my husband suicide
I have not been living with my husband from more than a year. we filled mutual divorce. it was no give or take divorce. I never asked for alimony or maintenance from him. there was a MOU signed by both of us that neither of us will contact or tarnish each other image. After around 3 months of first motion he started calling me and sending me WhatsApp msgs. I didn't take his call or replied to any of his msgs. I made a police complain regarding the same. He committed suicide by hanging himself almost 3 months after I made the police complain. he left 3 suicde note blaming me and my cousin for his death and accusing us of extra marital affair. my anti cipatory bail petition was dismissed by session court. what are my chances of getting anti cipatory bail from high court? should I go for it or surrender to police? P.S. :-I never called him nor did we talked over phone since 23rd may 19. I never posted any thing socially to tarnish his image.
Asked 6 years ago in Criminal Law
Religion: Hindu
17 Answers
There is chances that you'll get anticipatory bail from court, provided there are no pending criminal cases against you.
Also the fact that there was no communication between you and your deceased husband after May, it would go in your favour.
File for anticipatory bail before the high court if in case high.court rejects the anticipatory bail then surrender and seek regular bail.
Though there are chances you may get anticipatory bail from high court.
See since there is no.such pressure or situation created from your side that he has to.commit suicide so you have defence and you can also prefer quashing petition before high court to quash FIR.
you should go for regular bail . you should file surrender cum bail petition in the respective lower court. The chances for getting regular bail is more than anticipatory bail.
Don't go for surrender try AbA in HC you will get it
Chances are very low, but try after 3 months
You can apply for Anticipatory bail from high court
2) rely upon MOU signed between parties wherein no demands were made
3) also police complaint filed by you against husband
Immediately approach HC for AB.
You can rely on the MOU, WhatsApp messages sent by him, produce the Police Complaint filed by you in support of your non involvement.
You should be able to get the AB
Do not worry as from the high court you will get anticipatory bail.
Unless and until there is immediate provocation abutment of suicide does not lie.
Since you are separated from husband for almost a year no case of abetment will stand in court if the trial occurs.
- You must surrender in court at then apply for bail.
- If Anticipatory Bail is rejected then there are very few chance that you will get bail from higher court.
- Do not surrender to police directly.
Regards
Vivek Arya
Hi,
You are suggested to approach high court for anticipatory bail.
1. Since there is a suicide note it all boils down to the contents of the suicide note. If he has accused you and your cousin of extra marital and thus the cause of his suicide then anticipatory bail from the High Court seems a distant possibility.
2. It will be unwise in this scenario to surrender before exhausting your remedies before the High Court and Supreme Court.
3. Once accused surrenders on the rejection of anticipatory bail in a case under 306 IPC he/she seldom gets bail during the entire length of the trial. Thereafter, if conviction is mounted and he appeals to the High Court then even getting the sentence suspended becomes an uphill task. So exhaust all your legal remedies to preempt arrest and detention.
Police will perform further investigation and better you can try to get AB from high court or prepare to get bail if arrested.
No case made out against you, mutual divorced was filed, you complaint to police for disturbing you, where is the abatement to suicide ?
Where's the instigation and spouce adultery is not abatement to suicide.
Approch HC. Even court will grant you regular bail if arrested.
Hi,it is advisable to file aniticipatory in the high court and not to surrender ..Once you surrender ,getting regular bail will be too difficult until the police file the chargesheet ..There is a good probability of getting bail from the high court ..Once the bail is obtained we can contest the trial on merits
You should go for anticipatory bail in high court.
If you want to surrender then you should take a chance for anticipatory bail from high court.
Chances are very good as you both were not living together.
You can file the AB application before high court, you will get it.
You have merits in your side, his suicide note is not the final authority to punish you hence dont be frightened on this subject, let the police be any amount of vigorous in this case, you can get acquitted on the basis of the MCD going on between you both.
