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
4 Answers from Attorneys
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
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.
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.
you can move your bail even before registration of FIR but depends upon your location, coz every state has different practice.
Good luck.
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