Anticipatory Bail in 498a is of utmost importance especially when you fear arrest in a false case. Before 2014, arrest was the biggest fear in any 498a case and as soon as FIR is filed, all the accused got arrested by the Police. 498a had become one of the biggest weapons of disgruntled wife to put her in laws and husband behind bars to take revenge. in last decade more than 1-2 millions 498a cases were filed and till date conviction rate is only 2%. Lawmakers and other men activist organizations have realized that 498a is being misused and as a result of this supreme court has instructed all the states that automatic arrest should not be practiced anymore by the police. We would talk about this about articles in future and for now let us talk about getting anticipatory bail in 498a and dowry cases.
The criminal prosecution in India follow the CRPC or criminal procedure code of India. This defines the roles and responsibilities of lawyers, police, court, complainant and accused in criminal cases. It talk about details like when and how accused will be arrested, under what circumstances arrest is made, rules to follow while making arrest and who has the power to arrest in criminal cases. It also talks about the details about place where accused should be sent after arrest as in police custody or judicial custody.
What is Anticipatory bail
Bail is defined in CRPC and in simple words anticipatory bail allows accused to get temporary freedom until his case is finally disposed off. once you get anticipatory bail you need spend even a single minute in police or judicial custody and you will be free until your case is disposed off in court. As name says anticipatory bail is to be taken when you anticipate arrest. If you fear arrest in a case which you have not commit then you have all the rights to apply for anticipatory bail in court. When you come to know that your wife and her family members have filed 498a case against you then you should apply for anticipatory bail and safeguard yourself from the arrest.
If we go by Wikipedia then definition of anticipatory bail is as below,
Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.
On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).
How to get Anticipatory Bail in 498a
The moment you come to know that your loved wife has filed a 498a case against you then you need to consult a good lawyer. Your lawyer would get a copy of FIR from police station and draft application for anticipatory bail. He would write facts of the case and reason behind granting you anticipatory bail in your 498a case. in few states like Madhya Pradesh you would not be able to get copy of FIR as police send case diary to the court for judge’s reference. As soon as you apply for anticipatory bail in court, the court will ask for case diary or copy of FIR and inform public prosecutor who is going to fight this case with your lawyer. If the judge agrees to facts of your lawyer then you would be granted anticipatory bail.
How much should you pay for Anticipatory Bail
It is a very important question and there is no reply to it as different lawyers may have different fee for this. You may be asked to pay 5000 to 50000 for your bail and it could be in either two installments or one time payment.