If you think or believe that your spouse may file a dowry case against you, you must immediately file an anticipatory bail. When you get an anticipatory bail, you will not have to spend a single day in police custody.

Procedure to get an anticipatory bail:

As soon as you know about a complaint being filed against you under section 498A, you should take the following steps:

1. Contact an excellent lawyer immediately and apply for pre-arrest notice and anticipatory bail
2. Plan an anticipatory bail application along with the lawyer and sign it
3. The application should include an affidavit in support of it as well
4. A copy of FIR, along with other relevant documents, must be attached
5. Apply to the sessions court or the High
6. You must send someone with the lawyer to the court for the hearing of the application
7. The protection under anticipatory bail will be available to you till the completion of the trial.

After this procedure,two situations may prevail:

1. When no FIR has been filed:

1. In such circumstance, there will be no grounds for granting a bail.
2. Your lawyer should request the court to grant you a pre-arrest notice instead.
3. If that is granted, use this pre-arrest notice time to apply for anticipatory bail.
4. Should your bail application gets rejected, you can apply for the same to the High Court and further to the Supreme Court.

1. When an FIR is filed:

• The investigating officer will then send a notice of arrest seven days before arresting you.
• In this period, you can apply for an anticipatory bail.

Conditions for granting an anticipatory bail:

• The gravity and nature of the accusation;
• Reason to believe that you could be arrested.
• You shall present yourself for questioning by the police officer as and when needed.
• You must not make any promises or threat to any witness. The individual shall not leave the country without due permission of the courts.
• Filing of the FIR (First Information Report) is not a pre-condition for applying for an anticipatory bail.

Consequences of anticipatory bail in 498(A)

The procedure followed once bail is granted to you is as follows:

1. You are needed to be present at the police station anytime you are called.
2. You must take your relatives or friends along with you, who will act as your surety.
3. Your sureties must carry the required bail amount as ordered by the court.
4. Your sureties, along with yourself, will be needed to sign a bail bond. Bail bond is a document that states about forfeiture of the bail amount and legal consequences, in case you fail to follow the directions of the court.
5. The judge decides the amount of bail.
6. At times you may be asked to keep your property as a form of security for bail. Your property can be sold or seized if you do not present yourself when ordered by the court.
7. Once all the prerequisites are fulfilled, you do not need to fear arrest in this case.

Cancellation of Anticipatory bail

There is no specific or definite provision for cancellation of bail. However, a bail can be cancelled by the High Court based onspecific grounds to meet the ends of justice.

A cancellation request of the anticipatory bail can be made by the opposite party or the police as well, in case you violate any of the orders imposed by the Courts.

Rejection of Anticipatory bail

The anticipatory bail can be rejected if:

• You have been convicted earlier of an offence, which carries a punishment that may exceed seven years.
• You were convicted at least two times in the past for offences that are non-bailable and cognizable.
• The judge believes that the offence you have committed is punishable with life imprisonment or death sentence.

If your anticipatory bail gets rejected in the lower court, you can file an appeal in the High Court and further in the Supreme Court.