The court with jurisdiction over the prisoner determines the monetary amount of the security, commonly known as the bail or, more precisely, the bail bond. Cash, documents proving ownership of property, personal bonds from well-off individuals, professional bondsmen, or bonding companies are all acceptable forms of security. The security is forfeited if the subject of a bail release fails to appear in court at the scheduled time. Let’s get into it in detail.
What is a Bail?
Bail is derived from the verb ‘bailer’, which means ‘to give’ or ‘to deliver’ in old French. Bail is the temporary release of an accused person in a criminal proceeding where the court has not yet rendered its decision. Bail Application is the name given to the security put up to guarantee the accused’s release.
Types of Bail in India
In India, there are typically three different sorts of bail depending on the severity of the criminal case:
- Regular Bail is typically granted to someone who has been detained by the police or arrested. Sections 437 and 439 of the CRPC allow for the filing of bail application for standard bail.
- Prior to the hearing for the issuance of normal bail or anticipatory bail, Interim Bail is usually granted for a brief period of time.
- Anticipatory bail: Under section 438 of the Criminal Procedure Code, anticipatory bail may be granted by the High Court or a session court. Anyone who believes he may be detained by the police for an offense for which there is no possibility of anticipatory bail being granted may submit an bail application for the award of such bail.
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 application 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.
Procedure for Bail Application
- When a person is arrested and charged, he will be taken to the police station to book the case.
- The police will record details of the accused, like the name, residence address, and birthplace, and the charge filed against the accused.
- The police officer will check the criminal background of the accused, and fingerprints 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 court.
- 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: https://districts.ecourts.gov.in/ will be at the discretion and decision of the judge. For certain smaller crime cases, a standard amount will be deposited to award the bail application.
- 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.
Depending on how serious the issue is, it may vary. Bail application is granted to the accused the same day in less serious situations, but it is much more challenging to obtain bail in a day or two when the offense is not one that is subject to Consult a Lawyer Online to Bail.
Conclusion
A request for bail application may be made at any point during ongoing legal proceedings. If the case is not resolved at that point, you can file for bail. Police authorities are required to produce the accused before the magistrate within 48 hours of his detention. In Vakilsearch, all experts collaborate to give you a complete solution. It promises delivery at the quickest and least expensive cost in India. It has a widespread presence.
