All About Bail in India – Using Your Right to freedom

With the constitution of India, there is one basic rule with law viz bail and not Jail. So, everyone who is accused of an offense civil or criminal, has a right to apply for bail. Only exception for it is if the said or accused is a repeat offense maker or there is a dire possibility of he fleeing away from justice, intimidating the witnesses or the crime is grave enough.

Bail in India

Applying for Bail

Once a First information report is file against you or a charge is filed against you, your would need to furnish your details including information and thumb prints as well. Your background or criminal records would be checked out. It the charge is a meager one, you can immediately apply for bail else if its a complex one, you might have to wait for around 24 hours before you could apply for it. Some offenses are non bailable also. So, your bail plea filing would depend apparently on the type of offense or accusation against you.

Types of Bail

Bail is a kind of security that you provide to the law for them to release you. It is a surety that you would be available in court as and when required in future. As mentioned before bail is your right, its your right to freedom and you must apply for it. There are different categories of bails applicable depending upon the type of charge against you.

Interim Bail – This bail is for certain period of time granted before hearing to the prosecution.

Permanent Bail – This bail is permanent in nature and granted only after hearing to the petitioner as well as the prosecution.

Bail before Arrest – It is granted when the court feels that the accused is falsely involved in the case and an arrest would effect his honor and dignity badly.

Bail on Arrest – Under section 497 of Cr. Pc. Bail can be granted for both bailable as well as non bailable offenses after the accused is arrested against a charge

Protective Bail – A bail granted so that the accused can approach the provincial court for getting a pre-arrest bail without touching its merit.

Directly approaching Superior Court – The superior courts can grant pre- arrest bail in some appropriate cases directly if the accused has been deprived or prevented of approaching lower courts.

Bail for the Convict – Once convicted, bail is granted to the accused even if the appeal for the same is accepted if court finds that there are considerable grounds for his/her release.

Preconditions of Pre-arrest Bail under Bailable Offenses

Gravity of the offense – The gravity of the offense does not affect the pre arrest bail. Infact it is of zero importance in pre-arrest bail cases.

Personal Motives – Pre arrest bail can be easily gotten if it is proved to the court that there is some ulterior motive or personal gain behind involving the accused into the case.

Not Guilty – Pre-arrest bail can be easily got if the initial investigation shows that the accused is falsely involved in the crime and has apparently not committed it.

Fit Case – If the case of the petitioner is a fit case, then the court can grant bail for the same.

Surrender – On surrender prior arrest by the accused, pre arrest bail is granted. If the accused absconds, he is not applicable for the same.

Bond Submission – If the accused submits the required bonds needed for bail, he/she can easily avail bail under criminal cases.

Pre conditions for Post Arrest Bail under Bailable Offenses

Excludes the Prohibitory Clause – If the accused does not fall under the prohibitory clause then bail is possible.

Likely not Guilty – If there is not reasonable ground for the accused to commit a non bailable offense then bail can be granted.

Scope for further Enquiry – If the court observes that there is sufficient ground available in the case for further enquiry, then post arrest bail is a possibility.

Security Bonds – A post arrest bail is only allowed if the accused is willing to provide the necessary bonds required by the court for bail.

Pre-conditions for Bail under Non Bailable Offenses

Child or Women – Even if it is a non bailable offense women and children can be granted bail.

Personal Enmity – If evidence of personal enmity between the complainant and the accused is proved, bail can be granted under non bailable offenses.

Lack of Evidence – If the evidence available is insufficient then bail can be obtained under non bailable offenses as well.

FIR registration Delay – If the FIR registration has been delayed, then bail is applicable under non bailable offenses too.

Doubt – If nothing substantial is proved in a criminal case about the accused being involved or there is a grave doubt in the case and also nothing is recovered from him/her, there is a possibility of getting a bail for non bailable offenses.

Sickness – On account of the person being physically or critically ill, bail is possible even under non bailable offenses.

Hopefully, the aforementioned writeup has cleared the fog on bail for you in some way or the other. It is advisable to consult a lawyer to get more indepth information on the same.

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