In India, bail is understood to be a form of release from custody on the premise that a person who has been accused agrees to come to the police and or court in order to participate in the investigation and or prosecution. The court will take into account factors such as the seriousness of the alleged offence, if the accused is likely to abscond, and if there is serious risk to the public or risk the accused may destroy or tamper with the evidence.
Refusal of bail is fairly common and to be clear, does not mean that your legal battles are over. There are options in the law as to what comes next. It is important to know what happens next. For instance, there may be an opportunity to pursue bail again, you may want to apply to a higher court, or you may request other relief. Understanding what options you may pursue helps you understand what your options may be in terms of the strategy you could take, and also gives you comfort and confidence to strategize, you may contact professionals at Prime Legal for some legal assistance.
Step 1 – Understand Why the Bail was Denied
The first step is closely reading the court’s bail denial order because courts will generally write down the reasons for the denial of bail. The most common reasons for denial are usually the nature of the offense, a risk that the accused will fail to appear, concerns that the accused will interfere with or destroy evidence, or the accused has prior criminal involvement.
One common reason that the court looks to for exists revolves around the nature of the offense, which becomes clear when you consider two terms: bailable offenses and non-bailable offenses (see our overview, “Difference Between Bailable & Non-Bailable Offences“). A clear understanding of the reasons for the bail denial are essential to move to plan your next legal strategy.
Step 2 – Apply for Bail in a Higher Court
If the bail application is denied by the lower court, the next course of action is to apply to the Sessions Court. If the Sessions Court once again refuses relief, then the next step is to approach the High Court to obtain a fresh bail hearing. In some circumstances, particularly where there has not been an arrest, you may have the option of applying for anticipatory bail. For a more in-depth understanding of the entire procedure and the paperwork required when you apply for bail, please read our blog “How to Apply for Bail in India? Complete Legal Guide.”
When you advance to a higher level of court, you should take the opportunity to present stronger grounds for your argument, as well as forget about any fresh circumstances.
Step 3 – Prepare a Stronger Bail Application
For the application to be truly effective when you make your attempt again, you should have added the grounds or new arguments which you were not able to raise earlier. Such examples can include medical issues, family dependency, a clean record, or your full intention to cooperate with the police investigation. Drafting accurately is significant and can adjust a court’s finding based on small details. Solid legal representation also helps significantly determine the higher quality of your bail application – please refer to our blog “How to Choose the Best Criminal Lawyer in Bangalore?” A newly drafted application can increase your chances of a successful bail application.
Step 4 – Look for Alternative Legal Remedies
Check if you can file a petition under section 482 of the CrPC (Application to quash an FIR). If you think that there is an FIR against you that is weak, fabricated, or motivated, you may approach the High Court requesting that the Court quash the FIR under section 482 of the CrPC. This remedy is applicable when there is no disclosure or the complaint has malicious intent. For further understanding of the process of quashing an FIR, you may refer to our extensively elaborated article entitled “What is an FIR? How to File or Quash an FIR in India.“
If time is of the essence, you can apply for interim bail. If the need for relief is immediate because of a pressing circumstance, for example, a medical emergency, severe health issue, or urgent family matter. This gives you temporary protection until the court determines your substantive bail application.
Step 5 – Ensure you are not in violation of any conditions
If your application for bail was rejected in relation to a prior violation (e.g. missing appearances in court, refusal to cooperate with investigation) you would need to ensure that you adhere to all legal processes in every way going forward. The courts pay close attention to parties conduct so should you be able to portray that you are responsible and adhering to the requirements, it will only help you going forward in getting bail. Here is a guide so as to know your rights after an arrest.
What if bail is denied in serious offences?
If you are facing serious offences classified under special laws, examples of NDPS, POCSO or UAPA laws, your bail application will face a much more rigorous test. These laws often reverse the burden of proof and require that the accused show they are not guilty at the bail stage, resulting in a very serious and rigorous bail application. Understanding the specific conditions of these bail denials will help you prepare a much more favourable and legally grounded bail application, visit our blog to know more about “What to Do If You Are Arrested? Steps to Take Immediately”.
What not to do after a bail denial
After your bail is denied, now your behaviour becomes all the more important and serious. Ordinarily, do not abscond, it will only hurt your future prospects for bail and possibly new charges. Do not contact or witness or otherwise influence their evidence. Do not violate any current court-imposed conditions. And most importantly, do not cease cooperating with the police investigation as this can be viewed negatively. Good behaviour helps credibility in the court process, the judges expect to see responsible behaviour in the courtroom or in any related documentation. Good behaviour improves your chances in subsequent applications for bail.
Why You Need an Experienced Criminal Lawyer
An experienced criminal lawyer can help you throughout all stages of the bail application, whether it may necessitate filing an appeal for bail, applying for anticipatory bail, or commencing a quashing petition, if needed. Criminal matters can typically involve somewhat complicated forms, strict time limits, and complicated court procedures. A criminal lawyer focuses on these kinds of matters regularly, and will be able to navigate the process, present more forceful cases, avoid embarrassment or other possible technical mistakes, and develop optimal litigation approaches based on the facts of the case. You can consult the efficient criminal lawyers at Prime Legal for better understanding and assiatance.
Conclusion
The denial of your bail application is not necessarily the end of the line. There are a number of different legal actions you can undertake to remedy the legal challenge posed by the denial of the bail application – a new bail application, consider an appeal to a higher court, interim bail, quashing petition, etc. If you are able to pick the best criminal lawyer in Bangalore, and if you are able to prepare thoughtfully and do it at the right time, you vastly increase the likelihood that you will succeed in obtaining relief. As soon as you are faced with a bail denial, please seek legal advice at the earliest opportunity to protect your rights and to chart the best possible course for your case.
FAQs-
1. What is the first thing I should do if my bail was rejected?
Carefully review the court’s order rejecting bail to understand the specific reasons. This will help you determine the next legal remedy you could utilize (e.g. applying for bail in a higher court).
2. Can I apply for bail again after it was declined?
Yes, you certainly have the right to file a fresh bail application in the Sessions Court or High Court. Showcasing new grounds, or evidence of changed circumstances would lend an additional purposive approach to your application.
3. In the case of several rejections of the bail application, what are alternative remedies I can pursue?
You might consider an application for interim bail, applying for anticipatory bail (if you were not arrested), or filing a petition to quash the FIR. However, these remedies would depend on the facts of your case.
4. If it is a serious offence, would this make it harder to get bail?
Yes. Where special laws such as NDPS or POCSO apply, conditions of bail are more stringent than a standard bail application. Moreover for serious offences, the onus is on the accused to establish that they are not guilty at the stage of bail.
5. How can a lawyer help me after a bail application was rejected?
A criminal lawyer can prepare a stronger application for bail this time, help you file an appeal of the original application, or seek alternative remedies. Having a lawyer represent you gives you expertise on the law and the proper procedures to understand. A lawyer can also prepare an appropriate bail strategy.
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