What is bail?
Bail is used by the suspects in a criminal case to get themselves released from police custody temporarily after payment of the bail bond. The suspect in the case is awaiting court trial after the arrest for an offence which is punishable by law.
There are two types of bail in India:
This bail is applied only after the arrest of the suspect by the Police. This bail procedure is governed by Section 437 and Section 439 of Code of Criminal Procedure.
This bail governed under Section 438 of the Criminal Procedure Code is applied when the suspect anticipates his arrest and applies for Anticipatory Bail based on his/her fear of arrest by the Police.
Who can apply for bail?
Bail is a right given to the suspect unless the offence committed comes under Non-Bailable office and subject to the fulfillment of conditions of bail bond. The bail can be applied both by the suspects who have been booked for Bailable Offence as well as Non-Bailable Offence. Major bailable offences fall under the below list:
- Being a part of Unlawful Assembly
- Being a part of riots armed with weapon
- If a public servant does not obey a direction of the law with an intent to cause injury to another person.
- If a person uses false identity to show himself as a public servant with a fraudulent intention.
- Bribing at the time of election campaigns.
- Spreading rumours during elections.
- Denial of a public servant to take oath for his duty.
- Obstructing a public servant to discharge his duty.
- Giving fabricated/false evidence in judicial proceedings.
- Sale of adulterated food or drink.
- Causing disturbance in peaceful religious assembly.
Below is the list of major non-bailable offences:
- Murder or attempt to murder (IPC Section 302 & 307).
- Rape or attempt to rape (IPC Section 376).
- Dowry death (IPC Section 304-B)
- Causing grievous hurt voluntarily (IPC Section 326)
- Kidnapping (IPC Section 363)
Steps to apply for Bail
You should take the following steps to apply for bail.
- When you are arrested, you should contact your relatives or close friends and first of all, you should hire a Criminal Lawyer.
- The criminal lawyer will determine whether the offence is a bailable or non-bailable offence.
- In both cases of bailable or non-bailable offence, your lawyer, on your behalf, will submit Form-45 (437A Surety Bond for Bail) along with Bail Application and Affidavit to the Court where the case is being heard.
- The court will approve or reject your bail application based on the facts of the case.
- If your bail is approved, the court will decide the bail amount to be deposited based on the gravity of the case. You will have to deposit the said amount to the court as surety.
Reasons for denial of bail
- Bail is denied if the court finds that witnesses will be influenced by the suspect and thereby, obstruct the process of justice.
- The court will deny bail if there is a past record of the suspect which indicates that he is likely to violate law while on bail.
- Bail is denied if the accused has earlier been convicted for an offence punishable with minimum 7 years imprisonment, life imprisonment, death penalty and/or has been previously convicted on 2 or more occasions in cognizable offences.
- Bail can be denied if the course of justice would be prevented by the person who seeks bail for the time being.
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