Please explain what does the following mean?? Is my anticipated bail declined or what is status. "Considering the submission made by government advocate ( respondent side ) I am not inclined to grant anticipatory bail to the petitioner . However I am inclined to give a direction to the respondent not to harass the petitioner under the guise of petition enquiry. Respondent is directed to follow the dictum laid down in DK Basu vs state of West Bengal reported in the AIR 1997 with SC 610. " This was the court order for my anticipatory bail . This is a criminal case with no FIR filed so far . Please explain what does This mean ? Is my anticipatory bail declined ?
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Your AB is rejected.However the police is directed to investigate as per established norms and directions set forth in the said direction.
However the bail is rejected and if Police deems fit it can arrest you.
If this is order of sessions court, you can apply for AB another time in high court.
The present situation your anticipatory bail is dismissed by the court. Even though the court direct the SHO to following the directions and guide lines given by the Supreme court of India in the case D.K. Basu,Ashok K. Johri vs State Of West Bengal,State Of U.P on 18 December, 1996.
If the session court is reject the Anticipatory bail then approach the high court for getting the same.
1) your anticipatory bail has been rejected
2) however court has specifically directed that you should not be harassed by police
3)
Supreme Court of India (in D.K.Basu vs. State of West Bengal (1997) AIR 1997
SC 610) has laid down 11 specific requirements and procedures that the police
and other agencies have to follow for the arrest, detention and interrogation of any
person. These are:
1. Police arresting and interrogating suspects should wear “accurate, visible and
clear” identification and name tags, and details of interrogating police officers
should be recorded in a register.
2. A memo of arrest must be prepared at the time of arrest. This should:
Have the time and date of arrest.
be attested by at least one witness who may either be a family member of
the person arrested or a respectable person of the locality where the arrest was
made. be counter-signed by the person arrested.
3. The person arrested, detained or being interrogated has a right to have a
relative, friend or well-wisher informed as soon as practicable, of the arrest and the
place of detention or custody. If the person to be informed has signed the arrest
memo as a witness this is not required.
4. Where the friend or relative of the person arrested lives outside the district, the
time and place of arrest and venue of custody must be notified by police within 8 to
12 hours after arrest. This should be done by a telegram through the District Legal
Aid Authority and the concerned police station.
5. The person arrested should be told of the right to have someone informed of
the arrest, as soon as the arrest or detention is made.
6. An entry must be made in the diary at the place of detention about the arrest,
the name of the person informed and the name and particulars of the police
officers in whose custody the person arrested is.
7. The person being arrested can request a physical examination at the time
of arrest. Minor and major injuries if any should be recorded. The
"Inspection Memo" should be signed by the person arrested as well as the
arresting police officer. A copy of this memo must be given to the person arrested.
8. The person arrested must have a medical examination by a qualified
doctor every 48 hours during detention. This should be done by a doctor who is on
the panel, which must be constituted by the Director of Health Services of every
State.
9. Copies of all documents including the arrest memo have to be sent to the Area
Magistrate (laqa Magistrate) for his
record.
10. The person arrested has a right to meet a lawyer during the interrogation,
although not for the whole time.
11. There should be a police control room in every District and State headquarters
where information regarding the arrest and the place of custody of the person arrested
Your bail petition has been dismissed. The only direction passed by the court is to not to harass you under the guise of investigation. Once the FIR gets filed then you should apply afresh for AB.
No, the order given by District Judge is that there should be no harassment to you or arrest by police till a final view is taken by the court in the matter.
2. It does not mean that AB is rejected.
Hi
1) Unfortunately the anticipatory bail is NOT Granted in your case.
2) In your case it is only the complaint filed and NO FIR has been filed which means You have still plenty of chances of getting Regular bail from the Sessions/High Court itself upon the FIR being filed.
3) The best option could have been to support the police investigation through your lawyer and then move the court for bail(regular/anticipatory)
4) In the event of police effecting arrest, the court have advised the police to follow rules prescribed in DK Basu vs State of West Bengal at the time of effecting arrest.
The Rules are as follows:
1) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designation. The particular of all such personnel who handle interrogation of the arrestee must be recorded in a register.
(ii) That the police officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest.
(iii) A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.
(iv) The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aids Organization in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.
(v) The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.
(vi) An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclosed the name of the next friend of the person who has been informed of the arrest and the names land particulars of the police officials in whose custody the arrestee is.
(vii) The arrestee should, where he so request, be also examines at the time of his arrest and major and minor injuries, if any present on his /her body, must be recorded at that time. The Inspector Memo’ must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.
The curt has granted the anticipatory bail and has given further direction to respondent police to not to harass you in the name of inquiry
This means anticipatory bail has been granted.
