How To Get Bail In India?

 

Whenever someone is arrested, people talk about getting bail. After a criminal is convicted, the court starts the trial after some weeks. People have the only option if they do not want to stay under custody to get bail. The concept of bail was introduced in England in 399 B.C. This can be traced back to when Socrates was released when Plato procured bail for him. Before you look for bail lawyers, it is important to have a basic idea about the concept.

What is bail?

In simple terms, bail means releasing a suspect temporarily from custody under the trial of court after paying the bail bond. This bail bond is effective only after a convicted is arrested. After the arrest, the statement of the convict is recorded along with his personal details like name, address, age, profession, charges against him, and the like. Before sanctioning bail, a police officer has every right to check whether the convict has any other criminal record in the past.

According to the bail lawyers in Delhi, there are three types of bails in India, namely:

a.   a    Regular bail

b.   b Anticipatory bail

c.      c    Interim bail

Regular bail (under sections 437 and 439) is granted when a person has committed an offense and is under police custody. On the contrary, anticipatory bail (under section 438) is granted when there is a fear of arresting the person by the police. In the case of interim bail, it can be granted before following the anticipatory or regular bail procedures. The sending of documents by the lower courts may take time when interim bails can be provided. An interim bail can be extended even after its expiry.

How to apply for bail?

When a person is accused of committing a crime, he is taken to the police while the chargesheet is prepared. Now, the accused can apply for bail depending upon the juncture your case is in. For example, in case of harassment, anticipatory bail can be applied. Once the person is arrested, the next thing he will do is straightaway call his attorney and apply for bail. If the offense is bailable, the accused must fill the Form-45 and produce it to the court. In the case of a non-bailable offense, the only difference is that the court has the right to grant bail.

Bail on appeal is also possible. If the person is convicted, he can appeal for bail to the higher court. Next is the bail hearing, where all the judges will hear the case and pay attention to the reasons for granting bail. Here, every fact and evidence needs to be presented. When hearing the case, the judge will consider the character of the accused, his family history and background, his financial condition, his employment status, type of crime he has committed, number of years he is residing in the mentioned community, and whether the accused has any previous record of crime.

Conclusion

If there is a lack of evidence, the judge can cancel the bail. Only appealing for bail is not enough. One needs to prove one’s innocence as well.