Grounds of Bail in a Cheque Bounce Case | Criminal Law Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR |
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“The first question in a cheque bounce case which comes to mind is to how do I obtain bail in a cheque bounce case ? Can Police arrest in a cheque bounce case? What are the grounds for bail in a cheque bounce case? What are the legal remedies available in a cheque bounce case ? All these questions have been answered in detail along with the entire process of cheques bounce case.”
Bail is the interim release of an alleged person awaiting trial, usually in exchange for a monetary deposit to ensure their attendance in Court. Bail generally refers to a bail bond, which is a deposit of money or property to the Court in exchange for the suspect’s release from pre-trial custody.
There are three types of bail that can be applied for i.e.
• Regular Bail- this is usually issued to someone who has been arrested or is being held by the police. Sections 437 and 439 of the Criminal Procedure Code provide for the filing of a bail application for ordinary bail.
• Interim Bail- This form of bail is given for a limited time and is issued prior to the hearing for regular or anticipatory bail.
• Anticipatory Bail- is issued by the Sessions Court or the High Court under Section 438 of the Criminal Procedure Code, A person who believes he may be arrested by the police for a non-bailable offence may make an application for anticipatory bail.
When assessing a bail application, the following criteria should be considered:
- the nature of the complaint, the severity of the punishment if convicted, and the nature of the documents relied on by the prosecution;
- a reasonable concern of tampering with the witnesses or a danger to the complainant or the witnesses;
- a realistic chance of obtaining the accused’s presence at trial or the risk of his absconding;
- the accused’s character, behaviour, and position, as well as the circumstances that are unique to the accused;
- the greater public or state interest, as well as comparable additional concerns
There are no hard and fast rules when it comes to granting or denying bail. Each case must be evaluated on its own merits, based on its facts and circumstances. The Court’s discretion must be exercised with care and not arbitrarily.
In the instant case of in Ashish Sharma v. State of UP (Criminal Misc. Bail Application No.17196 of 2020) Allahabad High Court, The petitioner claimed, that he is completely innocent and that he has was being unfairly accused in the current case, although the informant has a criminal history and was in fact, involved in fraudulent activities of collecting money. A complaint had been filed against him under Section 138 of the Negotiable Instruments Act by one Lalu Prasad Kostha, who had given the petitioner money in exchange for a job, but as the job was not provided, he filed a complaint under Section 138 of the Negotiable Instruments Act. There was possibility of the petitioner escaping the legal process or interfering with prosecution evidence, and that the applicant has been imprisoned since 4.1.2020, and if released on bail, he will not abuse his freedom. Yet the prosecution was unable to explain as to why the accused was being prosecuted under Section 138 of the Negotiable Instruments Act, even though it pertains to receiving money in exchange for providing services. The High Court, after considering the facts and circumstances of the case as well as the evidence on file, granted Ashish Sharma bail on the condition that he post a personal bond and two local sureties each of the same amount to the satisfaction of the Court. So it is clear from the above, that Courts take a liberal view and consider jail as an exception and bail almost as a matter of right in most of the cases.
Authored By: Adv. Anant Sharma & Swayamsiddha Das