Bail Application
‘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 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.
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.
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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:
Now again it is the discretion of the Court. Though, even in above mentioned conditions, the Court may grant bail if:
Bail application can be filed at any stage of pending court proceedings. Police authorities are required to present accused before magistrate within 48 hrs of his arrest, if case is not finalize at that stage you can apply for bail bond.
No, civil suit is not cognizable offence unlike criminal complaint. So one no need to apply for bail .
Yes, it is mandatory to present surety with its identity proof while presenting bail application. Surety needs to sign surety bond which is kind of undertaking that surety takes undertaking that on every hearing accused will present before hon’ble court.
It depends any varies as per severity of the matter. In less severe cases, accused get bail on same day but in cases like in case of non-bailable offence, it is much difficult to get bail in day or two.
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