1) anticipatory bail can be filed only after FIR is filed
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Can I apply for anticipatory bail before filing FIR
Sir, In my native place, we fight with my opposite party. At the time we hit that person( he is old man). Injury is little only but opposite party given compliance for my self and my dad. I'm after 15 day going to Dubai. So my opposite party plan to put FIR on Friday evening. Now I am plan to get anticipatory bail. It's possible or not. Kindly give solution for above matter.
Asked 10 years ago in Criminal Law
Religion: Hindu
7 Answers
If the complainant got a simple injury and no weapon was used, the offence shall be bailable one and in case you are arrested Police shall release you on a personal bond. There is no need in such a case to go for AB. The police might not register FIR at belated stage.
Dear Querist
if there is any apprehension regarding the arrest then you may file an anticipatory bail petition u/s 438 of Cr.P.C. before the session court or High Court, there is no mandatory provision that the FIR should be registered then only the AB can file, without registering any FIR you can apply for AB if there is any apprehension of arrest.
1. You can not file an application for AB before the FIR is filed,
2. In your petition for AB, you shall have to mention the FIR Number and also the police station where the said FIR has been filed,
3. After filing the AB petition, the case diary will be called by the Court and if there is no FIR filed, there will be no case diary,
4. Hence, no application seeking AB can be filed without mentioning the FIR number.
Don't apply for anticipatory bail because you will need permission of the court [ under section 205 crpc ] for leaving from India. Your act may constitute offence of hurt and it is bailable offence and also compoundable so wait and watch if he not files any case you can go Dubai without permission of court.
Anticipatory bail can be sought even before the filing of FIR if you can justify your apprehension of being arrested. It is possible.
You can file an application for anticipatory bail even if a FIR is not registered. The court my dismiss the bail application but may pass an order to not to arrest in the event of a FIR to be registered at a later date.
