Principles Governing Grant of Regular Bail: Best Criminal Lawyer Advice in Delhi NCR
Criminal Attorney in Delhi NCR | Criminal Attorney in Delhi | Criminal Attorney in Noida | Criminal Attorney in Gurugram | Criminal Attorney in New Delhi | Criminal Lawyer in Delhi NCR | Criminal Lawyer in New Delhi | Criminal Lawyer in Delhi | Criminal Lawyer in Gurugram | Criminal Lawyer in Delhi High Court | Criminal Lawyer for Bail in Delhi NCR | Criminal Lawyer for Bail in Delhi | Criminal Lawyer for Bail in Delhi High Court | Criminal Lawyer for Bail in Gurugram | Criminal Lawyer in Saket Court | Criminal Lawyer in Dwarka Court | Criminal Lawyer in Gurugram Court | Criminal Lawyer in Delhi High Court | Best Criminal Lawyer in Supreme Court of India |
“Obtaining Bail under the criminal justice system in India is a complex issue and requires utmost degree of care. The grant of regular bail requires a lot of deliberations which includes appreciation of evidences, the sections and penal provisions under which an accused is charged, the gravity of the offense committed and the presentation of the case by the Advocate or the Criminal Lawyer. In here we discuss in detail as to how to prepare a Bail Application, what are the basis grounds for bail, on what grounds bail can be rejected, role of Police while a Bail Application is pending before Court, judicial outlook and at the end shall be sharing legal advice on the issue in hand.”
Introduction
Bail is given to somebody who has been arrested or detained. Securing regular bail in India is the single most important event in criminal law. It helps an accused to secure his release from custody and also serves as a beacon of hope for the accused that justice can be sought through the judicial process. However, the grant of regular bail is subject to certain principles laid down by Indian criminal law. In here, we will discuss these principles governing the grant of regular bail under the Criminal Justice System in India and provide readers with some of the best criminal law advice when it comes to securing regular bail.
How a Bail Application is Prepared?
Assuming that a person has been arrested and are in police custody, in order to prepare a bail application, he/she will need to engage the services of a criminal lawyer. The lawyer will then file a bail application on your behalf before the concerned Court and take care of all the formalities needed in your case. The bail application shall be covering all the minutes details of the case and shall explain in detail why the accused should be released on bail while arguing on his/her involvement and role in the criminal act. The Court will consider the facts of your case and decide whether or not to grant you bail. If you are granted bail, you will be required to put up a sum of money as security, which will be returned to you if you attend all of your Court hearings. If you fail to attend Court, you may forfeit the money and be liable to be re-arrested. So if you have been arrested or in police custody,
Legal Grounds for Rejection of Regular Bail in India
There are cases where the Court may reject the bail application. The grounds for rejection of bail are as follows:
1. If it is prima facie believed that the accused is guilty of a capital offence and is likely to abscond if granted bail, then the bail may be rejected.
2. If the evidence against the accused is strong and there are reasonable grounds to believe that the accused is guilty, then bail may be rejected.
3. If the offence committed is heinous in nature, such as murder, rape, etc., then bail may be rejected.
4. If the accused has been involved in similar offences in the past or has a criminal record, then bail may be rejected.
5. If the accused is likely to tamper with evidence or intimidate witnesses, then bail may be rejected.
How Court decides a Bail Application in India
When an accused person is produced before a Court for the first time after arrest, the accused is ordinarily remanded to judicial custody. However, in cases where the accused is not required to be in judicial custody, he may apply for bail, the Court may release him on bail. The decision of whether or not to grant bail lies with the judge presiding over the case. There are several factors that the Court takes into account when deciding whether or not to grant bail, such as the severity of the offence, the likelihood of the accused absconding, and whether or not the accused is likely to tamper with evidence. The Constitution of India provides for certain fundamental rights which include the right to personal liberty. This right is guaranteed under Article 21 of the Constitution. Under this provision, no person shall be deprived of his life or personal liberty except according to procedure established by law. Thus, when an accused person is arrested and placed in custody, his right to personal liberty is restricted. This happens when the Court thinks that you may be a danger/potential threat outside the judicial custody. The purpose of bail is to secure the attendance of an accused person at his trial. Bail also ensures that an innocent person is not unnecessarily incarcerated pending trial. It should be noted that bail is not a matter of right but a privilege which can be granted by a Court if it considers that there are grounds for doing so. In India, there are two types of bail i.e. regular bail and anticipatory bail. Regular bail can be granted by any criminal Court whereas anticipatory bail can only be granted by a Sessions Court or a High Court.
Conclusion
The principles governing the grant of regular bail under the criminal justice system in India are as follows:
1. The accused must be produced before a magistrate within 24 hours of his/her arrest;
2. The accused must be given reasonable time and opportunity to engage a lawyer of his choice;
3. The prosecution must be given an opportunity to oppose the bail application;
4. The accused must be granted bail unless there are compelling reasons to deny it;
5. The Court must take into account the nature and gravity of the offence, the character and antecedents of the accused, and the likelihood of him absconding or committing further offences if released on bail; and
6. Where bail is granted, adequate surety should be taken from persons who are known to the Court and who have sufficient means to stand as sureties for the accused.
The principles governing bail under the criminal justice system in India are very stringent and the Court takes ytmost due care before allowing or rejecting a bail application. The Courts always check the balance of convenience and takes into consideration the criminal laws or the penal laws before moving ahead. The entire process is tedious and involves high degree of proficiency. A professional legal advice from a good criminal lawyer cannot be ruled out.
Authored By: Adv. Anant Sharma
#anantsharma #mylawyersadvice #criminallaws #criminallawyer #crime #law #lawfirm #lawyer #attorney #criminaldefense #law #legal #India