Introduction
Bail is a legal provision permitting an accused person to be released temporarily from the custody, generally subject to certain laid-down conditions and sureties. It is also important to understand how bail operates in India. Therefore, the criminal lawyers in various cities assist with the same. For instance, if your residence is in Bangalore, then the criminal lawyers in Bangalore can help you solve the issue at hand.
It serves to protect personal liberty and to ensure that a person is not unnecessarily detained pending trial. The Indian judicial system protects the rights of the accused, such as the right to liberty. Bail enforces this principle and ensures justice in criminal proceedings.
Rights of the Accused:
Right to Be Informed of Bail:
An individual who has been arrested for a bailable offense is entitled to be informed of the possibility of release on bail, and they can furnish sureties.
Right to Consult and Be Defended:
A person on accusation has a right to consult and be defended by a lawyer of their choice. They can seek bail consultations and representation.
Right to Speedy Trial:
Right to Liberty:
Bail is truly a right of liberty, so that the accused is not unnecessarily confined during the trial.
What Is Bail
A bail is the release on certain required conditions of an accused from police or judicial custody, subject to an undertaking that they will attend future court hearings. Its main goal is to balance the right of a person to liberty and the interest of justice. There are three forms of bail under the Indian criminal law.
Types of bail
- Regular Bail
- Anticipatory Bail
- Interim Bail
Each serves a specific function based on the stage and character of the given case. It is to be noted that there is a difference between bailable and non-bailable offenses. The most significant difference between non-bailable and bailable offenses is the right to bail. Under a bailable offense, the accused enjoys a right to bail, and the police are compelled to release them upon depositing bail. The bail is not a right under non-bailable offenses, and the decision to grant bail rests at the discretion of the court.
1) Regular bail
This is extended to a person at hand, who has already been arrested. It is usually made under Sections 480 and 483 of the BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023).
2) Anticipatory Bail
Now, let us discuss about how to get anticipatory bail in India. Anticipatory bail is made under Section 482 of BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023). It is applied for by an individual who expects arrest in a non-bailable offence, even prior to any actual arrest.
3) Interim Bail
This is an interim relief that is being provided until the application for regular or anticipatory bail is determined by the court.
When Can You Apply for Bail?
The first question that comes to your mind after being arrested is that regarding, what to do if you are arrested. The essential steps are further discussed below.
Conditions Depending on Type of Offense
Bail can be sought at various stages of the case based on the nature of the offense and whether the individual has been arrested or not. In the case of bailable offenses, bail is usually released as a matter of right. In the case of non-bailable offenses, it is based on the discretion of the court.
Arrested Vs. Not Yet Arrested
If the individual hasn’t been arrested but is afraid of arrest, he or she may seek anticipatory bail. In case of having already been arrested, the regular bail is the appropriate approach.
Step-By-Step Procedure to Apply for Bail in India
1) Filing the Bail Application
The formal application shall be prepared furnishing details of the accused person, case facts, reasons to apply for bail, and statutory provisions. It is recommended to take the assistance of a criminal lawyer. The lawyer in the same city would be beneficial as helps you to cut down the miscellaneous cost. For instance, if your location is in Bangalore, you may contact the best criminal lawyer in Bangalore.
2) What Details to Include
It is advised to get a photocopy of the FIR. The Accused’s identification proof is also required at the time of applying for bail. Further, adding a few supporting documents that substantiating the justification for bail can be beneficial. They include, for example,medical reports or residence proof
3) Submitting to the Court
The application is made before the concerned Magistrate or Sessions Court based on the gravity of the offense.
4) Court Hearing & Grant of Bail
The court accepts arguments from the defense and prosecution. If it is satisfied, the court allows bail subject to certain conditions.
Documents Required for Bail Application
Accused’s Identification Proof
This can include any verification identity that has been approved by the government to prove their identification. Example : Aadhar Card, Voters ID and so on.
A Photocopy of the FIR
The photocopy of the FIR is to be submitted along with the application for bail. The copy needs to clear and it must include all the relevant details at the time of reporting.
Supporting Documents
Substantiating the justification for bail can be made by providing the supporting documentation proof. It can include medical reports , residence proof and so on which maybe relevant.
Ground for Bail Rejection
What to do if bail is rejected, and what are the grounds for denial of bail is a common question that might arise in your mind. Therefore, it is important to note that the courts can refuse bail on a number of grounds:
1. Seriousness of Offense
Horrific offenses such as murder or rape are less likely to be granted bail
2. Repeat Offender
Recidivists are held to stricter scrutiny as compared to rest of the population.
3. Risk of Absconding
If the court feels that the accused is likely to abscond or destroy evidence
Appeal Process After Bail Rejection
If the bail is denied by a lower court, the accused can approach a higher court, like the Sessions Court or High Court.
The appeal should be accompanied by new legal grounds or any change in situation since the first denial.
Tips to Strengthen Your Bail Application
Hiring Experienced Legal Help
Engage experienced legal counsel to guarantee proper presentation of facts and laws. If you are located in Bangalore, it is important to locate experienced criminal lawyers in Bangalore locally to enable proper presentation of your case.
Presenting Valid Supporting Arguments
Submit strong supporting documents such as proof of residence or employment
Ensuring Sureties Are in Order
Provide reliable sureties to assure the court of your availability during the trial
Conclusion
The bail process is a fundamental part of criminal justice in India. Knowing when and how to apply can significantly affect the outcome of your case. Always seek guidance from an experienced lawyer to ensure that your rights are protected and your application is well-prepared. You may consider consulting Prime Legal, one of the best law firms in Bangalore, for further assistance with your case.
