Legal Question in Family Law in India
Can we apply for anticipatory bail only when FIR has been filed or can we also do it before the FIR
Asked on 4/22/12, 9:43 pm
4 Answers from Attorneys
Santosh Dash
Legal Consultant
Under 438 of the Cr PC (India)- one can apply for Anticipatory Bail in anticipation of an arrest on accusation of having committed a non-bailable offence.
And obviously it is after FIR
Answered on 4/22/12, 10:08 pm
Sanjay Kalra
Sanjay Kalra & Associates
You can also file an application to get an order from Court that if the police files a FIR ,the accused would get 1 weeks time to move an application u/s 438 of CRPC.
Answered on 4/22/12, 10:31 pm
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
anticipatory bail needs to be filed only after registration of FIR and the suggestion given above that seven days time may be granted, has become obsolete.
Answered on 4/23/12, 1:10 am
you can move your bail even before registration of FIR but depends upon your location, coz every state has different practice.
Good luck.
Answered on 5/04/12, 8:33 pm
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