Who can be a surety for requesting a bail

433 votes

Under Indian criminal law, a person who is arrested and in custody can apply for bail. To obtain bail, the arrested person may need to provide a surety who will undertake to produce the accused person in court on the date of the trial.

The surety can be anyone who is a citizen of India and has a fixed place of residence. Usually, a relative or a friend of the accused person is chosen as the surety. The surety must provide the court with an affidavit stating that they have sufficient means to pay the amount of bail if the accused person fails to appear in court. The surety must also give an undertaking that they will produce the accused person in court on the date of the trial.

In some cases, the court may require multiple sureties depending on the seriousness of the crime and the financial condition of the accused person. The surety may also be required to deposit a certain amount of money with the court as a security.
 

The documents required for a surety person may vary depending on the specific requirements of the court, but generally, the following documents are required:

• Proof of identity: The surety person must provide a government-issued identity proof such as a passport, Aadhaar card, driving license, PAN card, or voter ID card.

• Proof of address: The surety person must provide a document that proves their residential address, such as a utility bill, bank statement, or rent agreement.

• Income proof: The surety person must provide documents that show their financial capacity to stand as a surety, such as a salary slip, income tax returns, or bank statements.

• Surety bond: The surety person must sign a surety bond that is a legal agreement between the surety and the court, stating that the surety will be responsible for producing the accused person in court on the date of the trial.

• Affidavit: The surety person must also provide an affidavit stating that they have sufficient means to pay the amount of bail if the accused person fails to appear in court and that they will produce the accused person in court on the date of the trial.
   

If the surety amount is Rs. 15,000, the documents that can be given as a surety may include:

• Bank Fixed Deposit: The surety person can give a fixed deposit of the required amount in a bank in their name.

• Property Documents: The surety person can give property documents such as the property deed or ownership documents as a surety.

• Government Bonds: The surety person can give government bonds as a surety, provided they have a sufficient value.

• Post Office Savings Certificate: The surety person can give post office savings certificates as a surety.

• National Savings Certificate: The surety person can give national savings certificates as a surety.

It is important to note that the court may have specific requirements for the type of documents that can be provided as surety. 

LawRato LawRato

521 votes

Sir.
Surety is subject to the satisfaction of the court which grants bail. Normally any person who gives surety should be a known person of the accused having a title over an immovable property and remains solvent without any tax arrears on the property and that surety provider should not be accused of any offences and he should not have stood as a surety in any other cases.

Advocate B N Rajamohamed LawRato

550 votes

Normally value of surgeries should be decided on the basis of economic situation of accused but courts mechanically insisted for higher value of surties irrespective of offence. Sureties for offence against property is viewed higher than sureties for offence against body. For value of rs.15000/ normally family cards along with property tax receipts and solvency certificates from thasildhar be demanded from courts. The person whom stand as surety should be mentally sound and not adjudged as insolvent and discharge of surety by surety themselves permitted under section 444 of crpc.

Advocate Saravana Kumar LawRato

927 votes

A local person of the place can be a surety or a neighbor of the accused or a relations of the accused can be a surety. Since he is the responsible for accused for the whole long period until the case comes to an end .

Advocate K Prema LawRato

892 votes

Any adult working/business person can stand for surety. Depending upon the Judge/Magistrate, the documents required will be Ration Card, Aadhaar Card, Voter Id or Passport. Some Judges may insist on original RC Book of vehicle or property documents to be shown. Some Judges may insist on Government Workers to stand as surety. Then original Pay slip will also be needed or IT Returns Acknowledgement.

Advocate Suchit Palande LawRato

113 votes

1. Documents Required for Bail Surety: To secure bail for someone in India, you typically need the following documents:
   • Surety Bond: A surety bond is a legal document where the surety agrees to take responsibility for the accused person and ensure their appearance in court as required.
   • Identity Proof: You need to provide your identity proof, such as a PAN card, Aadhar card, or passport.
   • Address Proof: Documents like a utility bill, rent agreement, or voter ID card can serve as address proof.
   • Passport Size Photographs: Usually, a few passport-sized photographs are required.
   • Income Proof: Some courts may ask for income proof to assess your financial capability to act as a surety.
   • Criminal Background Check: In some cases, a background check may be conducted to ensure that the surety has no criminal history.
2. Who Can Give Surety for Bail in India: Generally, any person who is willing to take responsibility for the accused can act as a surety. It can be a family member, friend, or any individual willing to vouch for the accused's appearance in court.
3. Bail Surety Amount: The bail surety amount varies depending on the nature of the case and the court's discretion. It can be a specific amount of money or property.
4. Documents Required for Bail from Police Station: When applying for bail at a police station, you may need to provide some of the same documents mentioned above, along with the surety bond.

Advocate Chikirsha Mohanty LawRato