May 2, 2015
Procedure to get Anticipatory bail (AB) before 498a
There is too much confusion about AB and I want to put a few points which I hope benefits you. This after an incredibly rich guy got onto 498a.org and read survival guide and followed all steps but did not understand properly the steps to be taken.
So here it goes:
1) AB can be given to anyone who can show a reasonable cause that a cognizable complaint may may be filed on him. In addition he may need to convince that he is not a criminal and will not harm the other party if given.
2) So, shortly you DO NOT need any FIR or a case going on in CAW cell to get AB.
3) If there is an FIR or case already going on anywhere and you apply for AB, the opposite party will be notified and THEY WILL OPPOSE IT. So better to not give that chance as that dramatically reduces your chance of getting AB.
If your wife has left you and you anticipate something like 498a on you. Best thing to do:
1) File a police complaint that you have been getting threats for money and false cases on your mobile. Put a lot of allegations on wife and all what has happened till date to the extent possible (A big word document running 5 to 10 pages is fine).
2) Go to police station along with your family and get a received stamped with date on the complaint.
3) Make sure you do not mention any phone numbers or exact address of the girl (skip something like street name of house humber etc). If police ask tell you do not want to escalate or provoke them and hence giving a NC complaint only for your own reference so that no one can say why did not complain. Mention that she has taken all her streedhan with her.
4) Make a few such complaints.
5) Apply for AB for your entire family on the basis of above complaint. Tell that girl has already left the house and does not live with you and is threatening to put old parents in jail etc. Mention the allegations in the NC police complaints.
6) If you are a normal family without too much media attention you will get AB with very good chance. Do not go by the words of some defeatist people and lawyers. They try to derail you by telling AB only after FIR etc. This is false. I have personally got two people AB in this way and guess what- No 498a was ever filed because we made our side lawyer tell the opposite lawyer that we already have AB.
Also, some lawyers seem to have connections with judges and they get you AB very easily. So the point is to look and shop for a lawyer who says he can get you AB.
Remember:
1) AB is FREE. Does not cost a dime. The money has to be paid only after a case is filed (This you have to pay for regular bail also). So AB as such is free.
2) There will usually be a nominal lawyer fee of about 2000 to 10,000 depending on lawyer. Other than this nothing else.
Go get AB. At-least TRY- Nothing to lose if you fail.
Remember the crux is to get AB BEFORE ANY CASE OR ANY COMPLAINT from opposite party. After opposite party complaints anywhere they will be called to contest your AB petition. So do not give that chance and MOVE FAST. Get that first mover advantage.
Links – http://www.498a.org/forum/viewtopic.php?f=8&t=2796
So here it goes:
1) AB can be given to anyone who can show a reasonable cause that a cognizable complaint may may be filed on him. In addition he may need to convince that he is not a criminal and will not harm the other party if given.
2) So, shortly you DO NOT need any FIR or a case going on in CAW cell to get AB.
3) If there is an FIR or case already going on anywhere and you apply for AB, the opposite party will be notified and THEY WILL OPPOSE IT. So better to not give that chance as that dramatically reduces your chance of getting AB.
If your wife has left you and you anticipate something like 498a on you. Best thing to do:
1) File a police complaint that you have been getting threats for money and false cases on your mobile. Put a lot of allegations on wife and all what has happened till date to the extent possible (A big word document running 5 to 10 pages is fine).
2) Go to police station along with your family and get a received stamped with date on the complaint.
3) Make sure you do not mention any phone numbers or exact address of the girl (skip something like street name of house humber etc). If police ask tell you do not want to escalate or provoke them and hence giving a NC complaint only for your own reference so that no one can say why did not complain. Mention that she has taken all her streedhan with her.
4) Make a few such complaints.
5) Apply for AB for your entire family on the basis of above complaint. Tell that girl has already left the house and does not live with you and is threatening to put old parents in jail etc. Mention the allegations in the NC police complaints.
6) If you are a normal family without too much media attention you will get AB with very good chance. Do not go by the words of some defeatist people and lawyers. They try to derail you by telling AB only after FIR etc. This is false. I have personally got two people AB in this way and guess what- No 498a was ever filed because we made our side lawyer tell the opposite lawyer that we already have AB.
Also, some lawyers seem to have connections with judges and they get you AB very easily. So the point is to look and shop for a lawyer who says he can get you AB.
Remember:
1) AB is FREE. Does not cost a dime. The money has to be paid only after a case is filed (This you have to pay for regular bail also). So AB as such is free.
2) There will usually be a nominal lawyer fee of about 2000 to 10,000 depending on lawyer. Other than this nothing else.
Go get AB. At-least TRY- Nothing to lose if you fail.
Remember the crux is to get AB BEFORE ANY CASE OR ANY COMPLAINT from opposite party. After opposite party complaints anywhere they will be called to contest your AB petition. So do not give that chance and MOVE FAST. Get that first mover advantage.
Links – http://www.498a.org/forum/viewtopic.php?f=8&t=2796
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