Legal Question in Criminal Law in India

Bail provision in Uttarakhand

This is in regard to false 498A cases being slapped on men by in-laws,wife.

1). I've got to know that there is no Anticipatory Bail provision system in Uttarakhand state. So in such a situation, will the arrest becomes obvious and the victim has to must go behind bars? because there is no provision of AB in the state,yet!

2). And i guess the Interim bail comes into picture after the arrest only.

3). Will the police do some investigation before arrest?

4). what can a victim do in this situation?


Asked on 7/04/09, 1:00 am

5 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Bail provision in Uttarakhand

If there is no provision of anticipatory bail, then consider approaching high court in writ jurisdiction.

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Answered on 7/04/09, 5:35 am

Re: Bail provision in Uttarakhand

Law is applicable in whole of India except J and K. Court cannot ignore the provisions of AB. Tell us we wil do it for you.

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Answered on 7/04/09, 6:25 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Bail provision in Uttarakhand

in your situation, you may approach the high court straightaway and seek interim protection from arrest. this is the only way. in case the HC declines the stay, you may approach the SC.

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Answered on 7/06/09, 1:43 am
Pranav Desai PD Legal & Associates

Re: Bail provision in Uttarakhand

If the chargesheet is file surrender before the court and apply for bail.

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Answered on 7/07/09, 6:20 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Bail provision in Uttarakhand

It is a family matter. You may consider an amicable out of court settlement of the dispute to avoid unnecessary litigation which may be very costly and time consuming.

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Answered on 7/04/09, 1:41 am


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