What are the chances of getting anticipatory bail in false 498A cases?

Ek ladki ne mere cousin par false rape case Kiya hai...5 month se jail m hai..lawyer bail ke liye bolta hai but karwa nahi Raha hai, agar session court se bail reject ho toh kya uske bad high court me hi apply karna padhta hai, bail kaise Li jaye kaise usse bahar nikale evidence hai hamare pass..or ladki apni peshi per bhi court me nahi aa Rahi hai... please tell us what to do

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 07 Jan 2025

The chances of obtaining anticipatory bail in false 498A (matrimonial cruelty) cases generally depend on several key factors: the strength of evidence showing the complaint may be false, prior criminal record, likelihood of the accused cooperating with investigation, and specific facts of the case. The Supreme Court has issued guidelines in Arnesh Kumar vs State of Bihar (2014) directing police to not automatically arrest in 498A cases without proper verification, and courts often grant anticipatory bail if there appears to be malicious intent or exaggeration in the complaint and the accused can show they will cooperate with investigation and not tamper with evidence or influence witnesses.

Admin
Advocate By LEAD INDIA Answered: 05 Dec 2023

Aap hmare helpline number par sampark kare or humse baat kare, Hmari team aapki madad jarur karegi.

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