Bail Application in Bangalore

Last Updated at: Oct 09, 2020
bail application

Bail means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority. The monetary value of the security, known also as the bail, or, more accurately, the bail bond, is set by the court having jurisdiction over the prisoner.

The security may be cash, the papers giving title to property, or the bond of private persons of means or of a professional bondsman or bonding company. Failure of the person released on bail to surrender himself at the appointed time results in forfeiture of the security.

Grant of Bail

Courts have greater discretion to grant or deny bail in the case of persons under criminal arrest. If the crime is non-bailable, you may wait for 48 hours to claim your right to bail in the court wherein you are given a hearing. Depending upon the facts of the case, the judge will decide whether you should get bail or not.

Bail is usually refused when the accused is charged with homicide. Indian law is based on the principle that a person is presumed innocent till he is proven guilty. This principle governs the entire legal system of the country with a few exceptions.

There are some conditions put under section 437 of the Criminal Procedure code wherein you can ask for bail even if you have committed a non-bailable offense. In non-bailable cases, bail is not a right and is at the discretion of the judge. If the judge regards the case as fit for the grant of bail, certain conditions may be imposed as necessary in the circumstances.

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Procedure for Bail Application

1. When a person is arrested and charged, he will be taken to the police station to book the case.

2. The police will record details of the accused, like the name, residence address, and birth place, and the charge filed against the accused.

3. The police officer will check the criminal back ground of the accused, finger prints and file a case against the accused. For smaller crimes, the accused will be allowed to apply for bail immediately. If the crime is complex, the accused may have to wait for 48 hours to claim his or her right in the court.

4. In the bail hearing, the judge may decide whether the accused can get bail or not based on various factors. The amount the accused may have to deposit with the court will be at the discretion and decision of the judge. For certain smaller crime cases, a standard amount will be deposited for awarding the bail.

5. If the case is a complicated one, the judge may decide the bail amount based on the background of the accused, the accused’s criminal record or whether the accused may pose danger to others. Usually, the bail is awarded on certain conditions. If the accused breaches any of those conditions, the bail will be cancelled immediately. If the accused is able to win the case, the bail amount will be refunded to the accused. Click here for a format of bail application