Getting anticipatory bail in criminal cases is considered almost winning half of your cases involving Section 498A, 406, 377, etc. In fact, it is like winning the entire case.
Anticipatory or pre-arrest bail in these cases protects the accused from arrest. This protects him from unnecessary harassment be it the shame or pain of getting arrested and getting into custody. The accused remains free while contesting the case.
Anticipatory bail is generally filed in 498A cases. His case should satisfy some essential conditions. (What are these criteria)
In such cases, additional cases under S. 406, 377, etc. along S. 34 IPC may also levied against the accused. The accused can be punished for 3 years under S. 498A. Punishment for S. 406 prescribes for the same duration and S. 34 provides for 1 year of punishment.
There is a high and absolute possibility that the accused gets bail. And this bail is considered regular bail once the charge sheet is filed.
Convictions under these are abysmally low. Rarely someone is punished. This doesn’t mean that the guilty will escape the process of law. However, extremely large acquittals under these cases speak differently. Blatant misuse of the law has made the law almost redundant. It is improbable that trial courts convict.
And in acquittals, police generally refrain from appealing.
Crime is considered to be done against the state. Police contest the case on behalf of the state. If they do not prefer to appeal against setting aside the case, the accused remains set free. And even if the government appeals against the acquittal orders of the court, the bail gets extended on its own. The first court of appeals starts the process again. It is very rare that the higher court overturns the verdict of the lower court. The accused remains out of jail and he contest the case staying scot-free.
Even in the worst-case scenario, if the accused gets convicted by the lower court, the appeal is done at a higher court. Law says that for crimes with a maximum punishment of 3 years, the accused can stay out of jail on bail.
Cases under S. 498A are frivolous to a large extent. And the law-enforcing mechanism, be it the CAW cell, are well aware of this.
Generally, compromise and negotiations are entered into in such cases, whether at the CAW cell stage or the SLP at the Supreme Court stage.
Fools waste a plethora of time and then enter into compromise, the wise one extorts the money early and enters into a settlement.