Criminal Law Videos - What to do if your bail application is rejected?

You may file an application for bail after arrest.  In case it is rejected by the Sessions court there are two options you can avail i.e. Appeal to the High Court or file for bail with the sessions court again on fresh grounds

Bailable offences are those offences for which the accused has to be granted bail if he files an application as matter of right under Section 436 of the Criminal Procedure Code.

In case of non-bailable offences under 437 Cr.P.C and Section 439 Cr.P.C, the grant or refusal of the bail is a matter of discretion of the court and cannot be demanded as a right by the accused. If an offence is non bailable, the grant or refusal of the bail is a matter of discretion of the court and cannot be demanded as a right by the accused.

When a bail application is rejected by the session court, the appeal against the bail order will lie before the High Court and not before the Sessions court. However, you can file the second bail application before session court if it is on a new ground. But if it is on the same ground then it will have to be filed before the High Court.

The section 437 Cr.P.C lays out certain basic criteria for the court while exercising its judicial discretion for grant or refusal of the bail in case of non-bailable offences, such as the nature of offence, past criminal record, the probability of guilt, etc. and carves out exceptions for minors, women etc.