If this is a non-bailable offence, you can immediately apply for anticipatory bail before the Sessions Court. If the Court grants you anticipatory bail, then you would be immediately released on bail by police on arrest being made, in terms of the order of the anticipatory bail.
And, if it is a bailable offence, then even if you are arrested, you’ll get bail from the police itself.
Also note that nowadays the discretion of the police to make arrest of an accused person is drastically curtailed where the maximum punishment for the offence is up to 7 years imprisonment. The provisions of Section 41 of the Criminal Procedure Code were amended a few years back for this purpose. In such cases, usually the police can make an arrest only if it is satisfied about the commission of offence by the accused, and there are certain other conditions also required to be satisfied before an arrest is made.
In any case, if you have been arrested in such case and you don’t have anticipatory bail granted to you, then the police would be producing you before the court. The court would also satisfy itself whether the arrest has been made in accordance with law. At such time, you can show to the court that the case is false and/or that you have been arrested wrongly. You can also apply for regular bail in the court when you are produced before the court.
At an appropriate stage, you can also apply for quashing of the FIR before the High Court or if the charge sheet has been filed, then you can file an application before the trial court for discharge in the case. But, all this would depend on the nature of the case and the evidence available to show that it is a false case or that no case is made out against you.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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