What is a bail and when do I need it
Bail is written permission granted by the court that allows you to stay out of jail, when you have been accused of a crime. Bail gives you the freedom to-
- Consult a lawyer,
- Seek advice from friends,
- Trace witnesses, or
- Collect evidence for your defense, or
- Continue your job,
only until further orders of the court.
If the bail is not granted, you shall be kept in police custody to assist the investigation and to obtain further evidences for trial.Bail cannot be granted to you for any offence that you commit. Take a look at the following types, to know about the provisions on bail-
1. Bailable Cases
These are the offences wherein getting a bail is your legal right. It cannot be refused to you and shall be granted by the police in-charge, who has your custody. You will be released after executing the bail bond, even without sureties.
2. Non-Bailable Cases
Under these cases, only the Court has the power to release you on bail. However, if the Judge thinks that there is no sufficient evidence against you and that the complaint needs further investigation, he may also release you on bail.
However, if you are-
- woman, or
- child aged under 16, or
- sick or ailing person,
accused of offences punishable with death or life imprisonment, you may be granted bail by a Judge and be released from custody.
Also, if you have already been released on bail, you may be taken back into custody by court order, if:
- your conduct, after your release was found to be damaging the court procedure, or
- you do not follow the conditions of bail.
Procedure to get bail
The power of the court to grant bail is, according to its wish and choice. Before granting bail it considers the following points-
- seriousness of the offence,
- nature of the evidence,
- intensity of the punishment prescribed for the offences and
- character, status and history of the accused.
5 steps to get bail:
If you have been arrested for a bailable offence, immediately exercise your right to contact your lawyer and family members:
- When your lawyer or family member arrives at the police station, hand them the name and address of the possible sureties.
- Your lawyer must present the sureties to the police in-charge.
- You may also execute a bond, if you do not have sureties.
- The police in-charge after being satisfied, may grant you the bail.
To get bail from the Judge in a Court-
- If you have been arrested for a non-bailable offence, you must apply in the Sessions Court or High Court for bail. The police cannot release you under such offences.
- Immediately contact your lawyer.
- Draft a bail application and present it in the court through your lawyer.
- Mention sufficiently convincing reasons to convince the judge.
- If applicable mention these special reasons-
- Possibility of eviction from the rented residence,
- Loss of job
- Hardship for the family members
- Already existing health conditions or need of any treatment.
6. Attach a copy of FIR along with other relevant documents, including bond and sureties.?
7. Send a friend or a relative along with your lawyer, at the time of hearing of your application.
If the judge is satisfied, you may be granted bail, under terms and conditions mentioned by the court.
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