At some point in life, one may find themselves in a situation where they or someone they know has been arrested and is seeking Bail. In this article, we will explain the bail procedure in India and how to secure Bail.
Understanding Bail
Bail is a temporary release of a person accused of a crime, granted to them by the court under certain conditions that they will appear in court when summoned. Bail can be granted at any stage of the trial process – before, during, or after. The bail amount can vary depending on the crime’s severity, the accused’s flight risk, and their previous criminal record. This blog details the procedure to secure bail in India.
Types of Bail in India
There are two types of Bail in India – Regular Bail and Anticipatory Bail. Regular Bail is applied for after an arrest, while Anticipatory Bail is applied for in anticipation of arrest. Both types of Bail require a formal application to be filed with the court and a bail bond, which is a monetary deposit made to the court as security.
Documents to Get Bail
- Ration Card, Aadhaar Card
- Voter ID or Passport
Judges may require the original title book of a vehicle or property to be submitted. Others may require that a government employee serve as a surety.
Bail Procedure in India
The bail procedure in India is a legal process that involves several steps. Here are the steps in the bail procedure in India:
Step 1: Arrest, The first step in the bail process is the arrest of the accused. The police will arrest the accused and take them into custody.
Step 2: Bail Application After the arrest, the accused or their representative can file a bail application. The bail application should contain details such as the accused’s name, the charges against them, and the grounds for seeking Bail.
Step 3: Hearing of Bail Application Once the bail application has been filed, the court will hear the bail application. The court will consider various factors, such as the nature of the crime, the accused’s criminal record, and the likelihood of the accused fleeing the country.
Step 4: Grant or Denial of Bail After considering all the factors, the court will either grant or deny Bail. If Bail is granted, the accused must deposit the bail bond amount with the court. If Bail is denied, the accused will remain in custody until their trial is completed.
Step 5: Bail Conditions If Bail is granted, the court may impose certain conditions such as a travel ban, reporting to the police station, and attendance at all court hearings.
Factors Affecting Bail in India
Several factors can affect the grant of Bail in India, including:
- The severity of the crime
- The likelihood of the accused absconding
- The accused’s criminal record
- The strength of the evidence against the accused
- The possibility of the accused influencing witnesses
Conclusion
Securing Bail in India can be a complicated and daunting process. However, with the right legal guidance and representation, navigating the process and securing Bail is possible. By understanding the bail procedure in India and the factors affecting the grant of Bail, one can make informed decisions and increase the likelihood of securing Bail. For further legal assistance, contact Vakilsearch.
FAQ
What are the 3 important types of bail?
The three important types of bail in India are Regular Bail, Anticipatory Bail, and Interim Bail.
What are the conditions for bail in India?
The conditions for bail in India include the nature and gravity of the offence, the character and capacity of the accused, the likelihood of the accused absconding, and the possibility of the accused tampering with evidence or influencing witnesses.
How much does it cost to get bail in India?
The cost of getting bail in India varies and may include legal fees, court fees, and the amount of the bond or surety required by the court.
Can a person get bail in 420 cases?
Yes, a person can get bail in 420 cases, but the grant of bail depends on the specific facts and circumstances of the case, as well as the discretion of the court.
Is bail money returned in India?
Yes, bail money is returned in India after the case is concluded, and the accused has complied with all the conditions of the bail.
How can the Police Grant a bail?
Policemen do have the authority to grant bail in some cases. In case of bailable offense, the police can grant bail, but after the challans are filed in court, the accused person has to seek validation from the court.
