What Is The Definition Of ‘Bail’?
‘Bail’ is refers to the temporary release of the accused from the legal custody while the trial awaits in the court upon making an undertaking with a particular sum of money that they shall appear before the authorities as and when summoned.
‘Bail’ Is Governed Under Which Laws?
Bail is governed by the provisions of Criminal Code of Procedure, 1973. As per the Act, offences are classified as bailable offences and non- bailable offences. For Bailable offences, the accused has the right to be released on bail. Whereas, for non-bailable offences, the Court decides if the accused is fit to be released on bail.
What Is The Basic Purpose Of Bail?
The purpose of the Bail, be it regular bail and anticipatory bail is to ensure to ensure that the accused should appear at every hearing and not cause any obstruction to the investigation. While deciding the bail applications, the Court aims to strike balance between personal right to freedom and the Police’s right and ease to conduct investigation. According to the law, the persons accused of any offence other than those termed as non-bailable offence can be granted bail with or without surety as soon as when he is ready to give Bail.
Bail Can Be Classified In Following Categories For Bailable Offences
- Regular Bail: Regular bail is applied by or on behalf of the individual already in the custody of the police. It may be applied under the Sections 437 and 439 of Code of Criminal Procedure.
- Anticipatory Bail: Anticipatory bail is applied for when there is an apprehension of being arrested. It is applied for under the provisions of Section 438 of Code of Criminal Procedure.
What Are The Services Lawyerinc Offers For Bail Application?
Our comprehensive range of end-to-end solutions includes following:
- End to end services for Bail application.
- We will find you the best Lawyer as per your case and facts.
- We will prepare checklist of documents for filing bail application.
- Our lawyer will get in touch with police authorities.
- Our lawyer will draft a Bail application on your behalf. Our expert professions will contact you for the details of the transaction, and prepare bail bond.
- We shall help you prepare your case to be presented to the court of the appropriate jurisdiction.
- At every stage of the trial, till its finality, you shall be notified of the updates of the case.
- We shall keep track of the lawyer assigned to you so that you face no troubles.
- We shall get your bail done without any issue.
*Any court fee, stamp duty and miscellaneous charges shall be payable extra.
Do contact us in case of any query related Bail application and much more.
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Grounds Under Which Bail Can Be Refused To Accused By Court
There are many grounds considered by the Court before deciding to grant the bail or refuse such application.
The accused may not be granted Bail if:
- The court is of opinion that the accused is guilty of an offence punishable with death or life imprisonment or if there has been a previous conviction for an offence punishable with death, life imprisonment or imprisonment for 7 years or more.
- The Court is of the opinion that the release of the accused shall hamper the investigation, the accused is capable of tempering the witnesses and/or evidence or the accused may abscond.
- The Court is of opinion that there is a prima facie case against the accused.
Exceptions That Might Be Considered While Granting Bail By Court
Now again it is the discretion of the Court. Though, even in above mentioned conditions, the Court may grant bail if:
- If the accused is under 16 years of age.
- If the accused is sick or infirm.
- If the accused is a woman.
- If the court if of the option while the trial is going on that the accused is not guilty.
- Or any other reason that the Court deems proper.
How To Make A Bail Application?
- The Accused has the right of engaging a lawyer to defend him and similarly must engage a skilled lawyer for presenting the Bail application.
- A bail application, whether regular or anticipatory, can be made before a Magistrate, Sessions Court or a High Court.
- The competent court upon assessing the facts of the case, hearing the Public Prosecutor and in some cases, the complainant shall decide if to allow the application of refuse the same.
- The court may set the bail amount, bond, conditions like not leaving the country, not contacting the witnesses etc as per its discretion while granting bail.