What is the Procedure to get Bail Application in India
Bail is a procedure to release of an arrested accused person when a certain amount of security is deposited by the surety (like cash or property) as a bail bond to ensure the accused appear in court when ordered. If any person commits any type of offence like
Bailable offence is those types of offence, which are not so serious in nature. Example of Bailable offence –
- Being a member of an unlawful assembly.
- Carried a deadly weapon.
- Causes of Rioting.
- Disobey of public servant direction
- False statement during any types of oth.
- Giving a false statement
Nonbailable offence is those types of offence, which are serious in nature. Example of Nonbailable offence is -
- Attempt to murder
- Dowry Death
- Causing grievous hurt
For Bailable offences, the accused person will be allowed to apply for bail immediately on the police station. Because police have the power to grant Bail. Instant Bail shall be on furnishing the bail amount. It’s executed only for Bailable Offence.
For Nonbailable offences, the accused person has wait to 48 hours. After 48 hours they can apply for Bail. Because claiming of Bail is his / her right. If the session court refused his / her claim. They can approach for Bail on the superior court.
IN WHICH CIRCUMSTANCE ACCUSED PERSON WILL GET THE BAIL:If the Police Officer cannot fill the charge sheet before the I’d court on the stipulated time periods. In that case, there have a provision to grant the bail for any kind offence.
Stipulated time periods of filled charge sheet for more than 10 years imprisonment offence are 90 days.
Stipulated time periods of filled charge sheet less than 10 years imprisonment offence are 60 days.
TYPES OF BAILThere are mainly 3 types of Bail in India. This is Regular Bail, Interim Bail & Anticipatory Bail.
REGULAR BAILWhen any type of case pending before the trial court. in those circumstances, the accused person can apply for Bail under section 437 and 439 CRPC 1973. Regular bail apply a person after his or her arrest.
INTERIM BAILInterim bail is a tempory bail if any person anticipatory or regular bail pending before the l’d court.
ANTICIPATORY BAILWhen any person has reason to believe that he /she may be arrested for having any kind of serious offence, or false 498A IPC case. He/ she may apply for the anticipatory bail before the session court and High court under section 438 CRPC 1973.
The accused may be released on bail, on the executing ‘BAIL BOND’, with or without furnishing sureties. The Bail Bond contains certain terms and condition such as-
- Accused will not leave the jurisdiction of the state.
- Accused will give his presence before the l’d court order or police officer.
- Accused will not tamper with any evidence.
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