Man Cell suggests (9873540498) Anticipatory Bail
Queja 348768 Detalles

Man Cell suggests (9873540498) Anticipatory Bail

Anticipatory Bail should be the first step in a matrimonial dispute. If one gets the bail then the pressure shifts on the opposite party to prove the veracity of her complaint. The Bail Application needs to be drafted in a manner that it includes law points & technical points & also the judgments wherever applicable. Further, in order to prevent the judge from passing any arbitrary orders thereby not granting bail to the accused it must be remembered that one must ask for speaking order by the judge vis-a-vis all the law points mentioned within your bail application so that the judge is obliged to note down all your points in the order sheet & thereby he will be duty bound to record fresh reasons or cogent reasons for not granting you the bail. And now if the judge does not grant you bail especially in a matrimonial dispute then he might have to face disciplinary action against his authority provided that your bail application includes relevant judgments & extracts in respect thereof.


If any help needed then please contact:-

man cell delhi is available 24 hours at our permanent email id aturchatur(at)yahoo(dot)com

moblie :- +91-9873540498

email:- [email protected]

web:- http://bailcancellation.blogspot.in/


CrPC 438: Section 438 of the Criminal Procedure Code

Direction for grant of bail to person apprehending arrest

Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter-alia, the following factors, namely-
the nature and gravity of the accusation;
the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
the possibility of the applicant to flee from justice; and.
where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested,either reject the application forthwith or issue an interim order for the grant of anticipatory bail:Provided that, where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this Sub-Section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in-charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application.
1A. Where the Court grants an interim order under Sub-Section (1), it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the Court,

1B. The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the Court, if on an application made to it by the Public Prosecutor, the Court considers such presence necessary in the interest of justice.

When the High Court or the Court of Session makes a direction under subsection (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may thinks fit, including-
a condition that the person shall make himself available for interrogation by a police officer as and when required;
a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
a condition that the person shall not leave India without the previous permission of the Court;
such other condition as may be imposed under Sub-Section (3) of section 437, as if the bail were granted under that section.
If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under Sub-Section.

If any help needed then please contact:-

man cell delhi is available 24 hours at our permanent email id aturchatur(at)yahoo(dot)com

moblie :- +91-9873540498

email:- [email protected]

web:- http://manhelpdelhi.blogspot.com