how to get bail from a jail in india | Bail bond Procedure
In general, Bail is the temporary release of a suspect in any criminal offense who is waiting for a court trial after payment of bail bond. It becomes applicable before and after the arrest and becomes effective from the instant of the arrest. An offense is any act made punishable by law for the nonce effective. A statement is recorded when a suspect is arrested and also the police officer has taken private information like his name, date of birth, present residential address, Place of birth, profession, family address, mobile number, charges filed against him are noted. The policeman can also review the previous criminal record if any, within the police headquarters and maybe ask for his fingerprints or signature to file a case against the accused.
Different Types of Bail In India:
There are commonly two types of bail in India:
1. Regular bail-
applied under Sections- 437 and 439 of the Code of Criminal Procedure.
Regular bail is granted to an individual who is already within the police custody of an offense or when there are allegations on him of committing an equivalent.
2. Anticipatory bail-
applied under Section- 438 of the Code of Criminal Procedure.
Anticipatory bail is applied during a condition where there’s the fear of arrest of the person by the police.
This type of bail is granted for a limited period of time and it’s granted for the grant of regular bail or anticipatory bail before hearing.
How to apply for Bail?
When an individual is arrested he’s taken to the police station to file the case. The police station where the suspect is taken is the one which exercises jurisdiction over the area where the suspect lives. You should take the assistance of a criminal lawyer for your bail matter.
Circumstances For Grant of Bail in Bailable Offences:
The Code of Criminal Procedure, 1973 – Section 436, lays down that an individual accused of a bailable offense under IPC (Indian Penal Code) is often granted bail.
Conditions for bail in the bailable offense are:
- There are sufficient reasons to believe that the accused has not committed the offense.
- There is sufficient reason to conduct further inquiry within the matter.
- The person isn’t accused of any offense punishable with death, life imprisonment, or imprisonment for up to 10 years.
Circumstances For Grant of Bail In Non-Bailable Offences:
The Code of Criminal Procedure, 1973 – Section 437 lays down that the accused doesn’t have the proper to use for bail in non-bailable offenses. Granting bail is a matter for the court to grant bail just in case of non-bailable offenses.
Conditions for bail in non- bailable offense are:
- If the accused may be a woman or a child, bail may be granted in a non-bailable offense.
- If there’s a lack of evidence then bail in non-Bailable offenses may be granted.
- If there’s a delay in lodging FIR by the complainant, bail could also be granted.
- If the accused is gravely ill.
Cancellation of Bail-
Court has the ability to cancel the bail even at a later stage. This power is vested in the courts under sections 437 (5) and 439 (2) of the CRPC. The court can cancel the bail granted by it and provides directions to the policeman to arrest the person and detain police custody.