What are the grounds to obtain bail ?

625 votes

The accused has to submit Form 45 given in the second schedule to the court in which his case is being heard.
In the present case, the accused has been charged with a non-bailable offence, he can submit a similar form before the Court in which his case is being heard, but it has been left to the discretion of the Court to decide.

Hearing in court:-

A bail hearing is not a hearing on the merits of the matter itself and does not go into the issue of guilt. Therefore granting of bail is the norm except in cases where specific grounds are made out based on which the bail can be refused.
The granting of bail is usually considered to be an inherent right. However, there are certain circumstances where bail may be refused – these are related to Non Bailable Offences.
In non-bailable offences like robbery accused may be granted bail if competent authority deems it fit. The relevant circumstances should be presented to show to the Court that bail would not harm further process of trial and justice.
The amount the accused may have to deposit with the court will be at the discretion and decision of the judge.
In order to understand the procedure with more transparency you can contact me.

LawRato LawRato

993 votes

Dear sir ,
you have stated that your brother has been arrested in robbery .But is to be very clear that since robbery falls under heinous offence it is not very easy to obtain bail here. Eventhough I wont suggest not to move a bail application but the lawyer has to convince the judge that he was either not involved or not directly involved to get bail.

Advocate Anand Shukla LawRato

709 votes

not so difficult to get a bail. hire a lawyer,who put an application in the court, after the consideration of an application by court, bail will be grant.
ok
thanks
Advocate Sameer Sharma.....

Advocate Sameer Sharma LawRato

507 votes

It is grave offence as per Criminal Law. You will have to file a bail application in Court as soon as you can. The grounds of bail that would be applicable in your case will depend upon the actual facts. Contact for further legal remedy.

Advocate Anupam Kirti LawRato

709 votes

If ur brother is not directly involved in the robbery prima facie and if he has no criminal history.....he can be granted bail by the court as per it's satisfaction. But actual advise can be given by the perusal of the paperd....F.I.R. etc.

Advocate Rajiv Saxena LawRato