• Anticipatory bail in 498a

I have false 498a and loc against me. Currently, I am living outside of country and i am travelling back to india due to family emergency. Taking anticipatory bail from court will help me stop arrest at airport?
Asked 1 month ago in Family Law
Religion: Hindu

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11 Answers

Yes you need to take ABA as well as cancel the LOC

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

You can apply for anticipatory bail from sessions court 

 

also apply to trial court to set aside LOC issued against you as you are travelling to India for court case 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

Unless there is a look out notice against you, you need not fear arrest at the airport. However, after personally ascertaining the case proceedings upon your return to India, you may apply for an anticipatory bail, if necessary.

Swaminathan Neelakantan
Advocate, Coimbatore
1296 Answers
17 Consultations

4.9 on 5.0

Dear Querist

You should file the anticipatory bail under section 438 of Cr.P.C. immediately and after diling of your bail application the court shall issue notice to opposite party and after hearing the matter the court may grant bail to you and then you may visit India without any hindrance.

 

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6140 Answers
292 Consultations

4.9 on 5.0

498A required the police to investigate the matter in first instance. I hope the police have served you 41a notice! Comply that, get the evidence as well! If you have been levied false charge, the truth will be unveiled during the course of the investigation only. 

And in case without serving any 41a notice or police arrest you directly or files chargesheet directly, you have a strong case to obtain bail and monetary compensation from the State.

Therefore for me, untill that, no need to file anticipatory bail. In case the situation changes, then only you can go with the anticipatory bail application.

Pradipta Nath
Advocate, Durgapur
26 Answers

Not rated

Has the mediation been done? First mediation takes place and then when it fails the police investigation starts. If the mediation has failed then take anticipatory bail.

Rahul Mishra
Advocate, Lucknow
13220 Answers
48 Consultations

5.0 on 5.0

Hi , it is advisable to file for anticipatory bail ..Once the court grants you the bail no arrest can be made ..However ,it has to be noted whether on account of non appearance the court should have not declared you as a proclaimed offender..

 

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
55 Consultations

4.9 on 5.0

Dear Client, 

Yes, you cannot be arrested if an anticipatory bail is granted. 

Thank you. 

Anik Miu
Advocate, Bangalore
3099 Answers
31 Consultations

4.9 on 5.0

NRIs who have been implicated under 498A (Protection of Women Against Domestic Violence Act) are legally advised to not enter India to prevent arrests. They also prefer to not fight the case to avoid frequent traveling, possibility of losing jobs and humiliation at large. 

Until the LOC is removed the airport police cannot be stopped from arresting on the basis of the subsisting LOC.

The anticipatory bail may not come to your rescue at the time of arrest in the airport.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

- Yes, you should take anticipatory bail from the court , and a direction for cancelling the LOC issued against you . 

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

Yes. Anticipatory bail would serve the purpose.

Siddharth Jain
Advocate, New Delhi
5820 Answers
88 Consultations

5.0 on 5.0

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