How to get Bail in India | Bail Procedure

हिंदी में पढ़ें
June 15, 2021
By Advocate Chikirsha Mohanty





What is Bail?

In general terms, bail means the temporary release of a suspect in any criminal offence who is awaiting court trial after paying the bail bond. It becomes applicable after arrest and becomes effective from the moment of the arrest. An offence is any act or omission made punishable by law for the time being in force. When a suspect is arrested, his statement is taken on record and personal information such as his name, birthplace, present residential address, date of birth, profession, address of the family, mobile number, charges filed against him are noted. The police officer may also review the past criminal record if any in the police station and ask for his fingerprints to file a case against the accused.

Consult:Top Criminal Lawyers in India

Bail can beof2 types-
1.Regular bail- applied under Section- 437 and Section-439 ofCode of Criminal Procedure.
Regular bail is granted to a person who is already in the police custody of an offence or when there are allegations on him of committing the same.

2.Anticipatory bail- applied under Section- 438 of Code of Criminal Procedure.
Anticipatory bailis applied in a condition where there is fear of arrest of the person by the police.

3. Interim bail-It is provided before the regular or anticipatory bail procedure. This is because granting of bail by High Court or Court of Sessions requires documents which are to be sent by lower courts which may take time. For this time perios, interim bail can be provided. It can also be extended if it expires.



How to apply for Bail?

When a person is arrested, he is taken to the police station to file the case. The police station where the suspect is taken is the one which exercises jurisdiction over the area where the suspect resides. You musttake the help of a criminal lawyer for your bail matter.

Bail in case of a bailable offence
In order to get bail in a bailable offence, the suspect has to submit Form- 45 given in the Second schedule to the court in which his case is being heard. The bail cannot be granted without the court’s approval.

Bail in case of a non-bailable offence
When the suspect is accused of committing a non-bailable offence, he has to submit the same form as above before the Court in which his case is being heard, but, granting of bail is on the discretion of the court only.

Payment of Bail Amount
The bail amount that the accused has to deposit is also based on the discretion of the court. However, in criminal cases with lower gravity, a standard amount is set by convention and practice which needs to be deposited for awarding the bail.

Related Post:How to file an FIR



Bail Application

When a person has been convicted for an alleged crime, he/she can apply for bail. In case of a bailabe offence, as has been stated above, the accused will have to file an application as Form - 45 provided in the second schedule. This application will be filed with the help of you lawyer in the court where the case proceedings are to be heard. The court will approve the bail only if it thinks fit to do so. Without an Application for Bail, it is not possible to get Bail.When an individual is already convicted and applies for appeal in the higher court, he can apply for bail during this time.



Hearing for Bail

The judge hears all the reasons to grant bail and on this basis decides whether bail should be granted or not. Evidence and facts for seeking bail are presented before the Court. Before granting or rejecting of a bail, the Court considers certain factors like the character of the acused, the nature of crime, the employment and financial condition of the accused, whether the accused has a history of convictions etc. When a Bail is granted, the Court may also impose certain conditions



Types of offences and scope of Bail in them

Bailable Offence

In case of a bailable offence, grant of bail is a right available to the accused. It may be either given by a police officer who is having the custody of the accused or by the court under whose jurisdiction the offence falls. The accused may be released on bail, on executing a “bail bond", with or without furnishing sureties. The "Bail Bond" may consist of certain terms and conditions, for instance:
The accused cannot leave the territorial jurisdiction of the state without permission of the court or the police officer. The Accused shall give his presence before the police officer every time he is required to do so. The Accused cannot tamper with the evidence whatsoever, considered by the police in the investigation. Moreover, the court also has the power to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond.

Related Post:What is Bailable and Non-Bailable Offence

Examplesof Bailable Offence:

  • Participating in an unlawful Assembly.

  • Participating in riots and armed with a deadly weapon.

  • When a public servant disobeys a direction of the law with an intention to cause injury to another person.

  • If a person wears a Garb or carries a token used by a public servant with a fraudulent intention.

  • If a person is found bribing during election campaigns.

  • If a person is found to give false statements in connection with elections.

  • If a public servant refuses to take oath when he is duly required to take one.

  • If a person obstructs a public servant in discharge of his public functions.

  • If a person gives or fabricates a false evidence in any kind of judicial proceedings.

  • If a vendor/ seller is selling any food or drink as food and drink, knowing the same to be poisonous.

  • If any person causes disturbance/ nuisance in a peaceful assembly engaged in religious worship.

Connect with an expert lawyer for your legal issue



Non Bailable Offence

A non-bailable offence is a crime in which the grant of Bail is not a matter of right but, the accused has to seek the permission of the court, and upon the discretion of the court based on the facts, bail is granted.
However, the court may generally refuse the Bail, if the "Bail Bond" has not been duly executed, or if the offence committed is of a grave nature, which imposes death punishment or life imprisonment, such as murder, rape etc. or in cases where the accused has attempted to abscond, prevent his arrest by hiding and also, when his credentials are doubtful.
The application for bail shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.

Examplesof Non- Bailable Offence



When can bail be denied/ granted

  1. Bail cannot be denied unless the offence charged is of the highest magnitude and the punishment of committing it is passed by laws of extreme gravity.

  2. Bail can be denied if there is a chance of the applicant obstructing with the witnesses for the prosecution or otherwise polluting the process of justice.

  3. Bail can be denied if the past record of the accused who is applying for bail has a particularly bad record which suggests that he is likely to commit another serious offence while on bail.

  4. Bail can be denied if the course of justice would be prevented by the person who seeks bail for the time being.

  5. Bail can be denied to an accused if he has been previously convicted of an offence punishable with at least 7 years imprisonment, life imprisonment and the death penalty and/ or has been previously convicted on 2 or more occasions in cognizable offences.

    Consult:Top Criminal Lawyers in India



Why do you need a lawyer?

Obtaining a bail is an extremelyimportant step for an accused in the criminal justice system and has to be approached with utmost care. Upon arrest, the first step for any person should be to hire the services of anexpert criminal lawyerwho can help advise and guide the accused through the process of obtaining a bail. Only a trained legal mind can advise the best, based upon theexact nature of the offence and the special circumstances of each case that might affect the arrested person's chances of being granted bail. Since a lawyer has the knowledge of the law related to each offence, the precedents operating in the field, and anunderstanding of surrounding circumstances of the case, hiring alawyer becomes essential to the process of obaining bail.You can alsoask a lawyer onlinea free legal question using LawRato's Ask a Free Question service.



 

Comments


No Comments! Be the first one to comment.

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Criminal Lawyers


Advocate Sunil Kumar Bakshi
Sector-16 , Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala , Jaipur
20 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka , Delhi
21 years Experience
Advocate Rajeev Nigam
Kanpur Nagar , Kanpur
27 years Experience

Related Articles


Connect with top Criminal lawyers for your specific issue

Criminal Law Articles


How to file Regular Bail and Anticipatory Bail Applications in Delhi?

How to file Regular Bail and Anticipatory Bail Applications in Bangalore?

How to File a Police Complaint in India

Types of Criminal Offences in India

User Reviews


4.5 - 23 reviews
S
LawRatoLawRatoLawRatoLawRato

Need a lawyer for my criminal case. Who to contact?

Shailesh on Sep 23, 2021
P
LawRatoLawRatoLawRatoLawRato

Police arrested my brother without FIR, what to do?

Prateek on Oct 21, 2021
A
LawRatoLawRatoLawRatoLawRatoLawRato

can police investigate without warrant in a criminal case?

Ayushi on Sep 27, 2021
M
LawRatoLawRatoLawRatoLawRatoLawRato

Can police arrest me for trespassing on my neighbor's property?

Mani on Oct 07, 2021
R
LawRatoLawRatoLawRatoLawRatoLawRato

My parents illegally arrested in 498a case. Can they get bail?

Ravinder on Sep 25, 2021
D
LawRatoLawRatoLawRatoLawRatoLawRato

The writer has explained the law perfectly.

Devendra on Sep 09, 2021
K
LawRatoLawRatoLawRatoLawRato

good work

Kishore on Sep 20, 2021
N
LawRatoLawRatoLawRatoLawRato

good article. Please provide more info

Neeraj on Oct 09, 2021
M
LawRatoLawRatoLawRatoLawRato

more info needed on the law

Madhu on Sep 22, 2021
S
LawRatoLawRatoLawRatoLawRato

Good work with the article.

Shobha on Sep 14, 2021
P
LawRatoLawRatoLawRatoLawRatoLawRato

very well written

Pratibha on Sep 19, 2021
A
LawRatoLawRatoLawRatoLawRatoLawRato

Answered all my legal queries.

Amol on Sep 29, 2021
B
LawRatoLawRatoLawRatoLawRato

thank you for the information

Bharti on Oct 05, 2021
J
LawRatoLawRatoLawRatoLawRatoLawRato

nice article. Good legal advice

Jitendra on Oct 21, 2021
V
LawRatoLawRatoLawRatoLawRatoLawRato

learned all the basics about the legal issue. Good article. Keep it up.

Vipul on Oct 12, 2021
S
LawRatoLawRatoLawRatoLawRatoLawRato

Helped a lot in understanding the law.

Shalini on Sep 24, 2021
A
LawRatoLawRatoLawRatoLawRatoLawRato

Gave a clear understanding about my legal issue.

Ayushi on Sep 21, 2021
R
LawRatoLawRatoLawRatoLawRato

how to contact a lawyer?

Rohit on Oct 19, 2021
R
LawRatoLawRatoLawRatoLawRato

amazing article

Ruchi on Sep 25, 2021
S
LawRatoLawRatoLawRatoLawRato

needed legal help…whom shall I contact?

Sunny on Sep 20, 2021
R
LawRatoLawRatoLawRatoLawRatoLawRato

Had a good time reading the article.

Raghu on Oct 08, 2021
K
LawRatoLawRatoLawRatoLawRato

how to contact a lawyer from your website

Kishore on Sep 22, 2021
P
LawRatoLawRatoLawRatoLawRatoLawRato

thanks for the information

Pranav on Oct 21, 2021

VIEW ALL