Anticipatory Bail at Pre Cognizance stage

Aug 25, 2025 127 views 2 answers
Criminal Law
Anonymous
Aug 25, 2025
Criminal Law
► I have received a Notice from JM 1st class court on a private court complaint case filed on me and my family members by my separated wife u/s BNS 318(4) and 316(2) , my query is right now it's in Enquiry witness stage and cognizance is not yet taken, so can I move for Anticipatory Bail or should I go for AB only after cognizance is taken
127 views
2 answers

2 Answers

Oct 06, 2025

Hi, 

 

If the case instituted against you is false and you have evidence to prove the same. 

Feel free to file a quashing application. 

The case will be closed on the face of it. 

However, if you wish to contest the same, you need to file your objection and thereafter appear and take bail. Then contest it by way of the criminal proceedings. It can become tiresome. 

For better and in depth advise please feel free to connect with all relevant papers and documents and other evidences you have. 

Aug 28, 2025

No anticipatory bail is required nor any application for anticipatory bail is required to be filed. Since it is a complaint case so just appear in the case with advocate and minimum two sureties and apply for bail in court and furnish surety as directed by court.. 

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