How to get bail under section 420

310 votes

Section 420 of the Indian Penal Code, 1860 deals with cheating and dishonestly inducing delivery of property. An offense committed under this section is a non-bailable offense. 
 

What does Section 420 of the IPC define?

Section 420 of the Indian Penal Code, 1860 defines and prescribes punishment for ‘Cheating and Dishonest inducement for delivery of property’.
The essential elements of this provision are: 

1. Cheating and dishonest inducing;

2. Delivery of any property to any person or, altering, making or converting valuable security; or

3. To deliver anything sealed or signed which can convert into a valuable security.

If any of the above mentioned essentials are fulfilled , an accused can be liable to be punished under Section 420 of the IPC. The punishment for an offense committed under this section can be imprisonment for 7 years or fine, or both. But, the accused can be awarded with a punishment by the Court only after a fair trial is conducted. The accused is under judicial or police custody, which can be equivalent to imprisonment, while the trial is going on. The accused can apply for bail to keep away from the harassment of going to jail.

In case of apprehension of arrest in a complaint filed under section 420, it is advisable to apply for an anticipatory bail. A person can apply for an anticipatory bail if he anticipates that a case is filed against him under section 420 of the IPC. In case an anticipatory bail is not applied or granted, the accused can file for a regular bail also. An offense committed under section 420 is a non-bailable offense and bail under this section is at the volition of the Court.
A person charged under section 420 of the Indian Penal Code, 1860 can either apply for a pre-arrest bail i.e. anticipatory bail or post-arrest bail i.e. regular bail. 
A person can apply for an anticipatory bail under section 438 and a regular bail under section 439 of the Criminal Procedure Code, 1973. 
 

What is an Anticipatory Bail?

Anticipatory Bail defined under Section 438 of the Criminal Procedure Code, 1973 is a pre-arrest bail. A person can apply for bail before the competent Court when there is an apprehension of arrest. In case of an offence committed under section 420 of the IPC, the person should approach the Court of Sessions to apply for the bail. In case the bail is rejected in the Sessions Court, it can be applied for in the High Court. 
The Court may grant anticipatory bail on its discretion and depending on the facts of the case.
However, to grant bail, the Court can impose conditions on the accused such as:

1. He/she should be available whenever he/she is required by the police for interrogation purposes;

2. Permission of the Court is necessary if he/she wants to leave the country;

3. Bail bond must be deposited;

4. There shall be no threat or inducement of threat from him/her to any other person related to the case.
    

What is a Regular Bail?

Regular Bail is defined under section 439 of the Criminal Procedure Code, 1973. It is a post-arrest bail i.e. it can be applied and obtained after the accused has been arrested. The Court can grant bail to a person charged in a non-bailable offense such as an offense committed under section 420 of the IPC. The Court may impose the same conditions for bail as it does in the case of granting an anticipatory bail.
However, the Court has to be satisfied on the following grounds to grant bail to the accused: 

1. Evidence of the offense, nature of accusation and severity of  punishment in case conviction takes place;

2. The evidence shall not prove the charge against the offender;

3. There is no threat to the petitioner, evidence of the case or witness by the accused, if the Court grants bail;

4. There shall be doubts regarding the genuineness and authenticity of the prosecution’s case. 
    

Subsequent Bail Application

If the Court of Sessions does not grant bail, a subsequent bail can be filed in the same Court and before the same judge where it was previously applied for. However, a subsequent bail application can only be entertained by the Court if any new fact or circumstance has been discovered. 
 

Conditions for Bail

The following are the conditions on which bail can be granted by the Court:

1. No Prima Facie case against the accused: The main consideration the judge takes while granting an anticipatory or a regular bail to the accused under section 420, is the existence of Prima-Facie case. Prima-Facie means ‘accepted as correct until proved otherwise’. There are more chances of getting bail if there is no Prima-Facie case against the accused.

2. Prolonged delay in disposal of the Case: The accused can also get bail on the grounds of prolonged delay in the disposal of the case. However, the satisfaction of the Court is important to obtain bail in this case. 

Bail in a section 420 case is granted on strict conditions of pre-deposit of money. 
 

How can a Lawyer Help in getting Bail?

Getting a bail for a charge under section 420 of the IPC is based on the facts and circumstances of the case and on the discretion of the Court. However, hiring an experienced criminal lawyer can increase the chances of getting bail in an offense committed under section 420 of the IPC which is a non-bailable offense. In cases like this, it is a tough job to get bail, therefore, it is advisable to engage a lawyer who is expert in handling criminal cases. A competent criminal lawyer can help in drafting a proper and appealing bail application which would, in turn, increase the chances of bail being granted by the Court.

LawRato LawRato

699 votes

Just need to know if it is anticipatory bail or bail after arrest ? However, there is no straight jacket formula for getting bail. it depends on the nature of transaction and seriousness of allegations.

Advocate Atul Guleria LawRato

689 votes

If you are charged with section 420 of IPC, you can file application for Anticipatory Bail in court of sessions.

In cases police arrests you before you file application for AB, then you can file application for bail.

Advocate Goutam Prasad LawRato

518 votes

You have to apply first in sessions court.
But the first question is anticipatory bail or regular bail??
And without facts I feel nobody will be able to gather what cheating has been committed.
So please share the facts.

Advocate Karan Sachdeva LawRato

569 votes

We need to know the stage at which this case is.Has an FIR been registered or chargesheet has been filed, framing of charges has been done.Once we know the facts and stage only then can we suggest something better.

Advocate Prakhar Dixit LawRato

584 votes

FIRST OF ALL YOU ARE REQUIRED TO FILE ANTICIPATORY BAIL WITH
SESSION COURT UNDER SECTION 438 Crpc.

after obtaining the bail, you can appear before the trail court and after framing of charges the evidence is to be conducted.

Advocate Sandeep Banga LawRato