Principles Governing Rejection of Regular Bail Application-1: Best Criminal Lawyer Advice in Delhi NCR

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“Obtaining bail in a criminal case is not as simple as it seems and involves a high degree of expertise and proficiency from a Criminal Lawyer or Criminal Attorney. The entire process involves the participation of different parties including the alleged accused, police, prosecution, witnesses and the complainant. This further includes appreciation of evidences i.e. both direct evidences and indirect evidences respectively. The entire criminal tiral is based upon two facest i.e. the criminal defense and the criminal prosecution. Over here we have made an attempt to enlighten the public at large about the basics of a criminal case or a criminal trial and the concept of bail in criminal justice system of India.”

The criminal justice system in India has certain principles governing the rejection of regular bail. These principles are based on the nature and gravity of the offense, the character of the accused, and the likelihood of the accused absconding or committing further offenses if released on bail. In determining whether to reject regular bail, the Court will consider the following factors:
1. The nature and gravity of the offense: The more serious the offense, the less likely it is that bail will be granted. For example, offenses such as murder or rape are generally not eligible for bail.
2. The character of the accused: If the accused has a history of violence or is considered a flight risk, bail is less likely to be granted.
3. The likelihood of absconding or committing further offenses: If there is a danger that the accused will flee before trial or commit additional crimes if released on bail, bail is less likely to be granted.

Other than this, there are several other factors, which vary from case to case.

Appreciation of Direct Evidence in a Criminal Case
The appreciation of evidence is a process by which a Court or other Tribunal assesses or decides the value of evidence. The weight to be given to evidence may vary depending on its nature and the circumstances in which it was obtained and presented to the Court. In some cases, the appreciation of evidence may be a matter of life or death of the accused. In criminal cases, the appreciation of evidence is often crucial in determining whether an accused person is guilty or innocent. Whether he should be held guilty or acquitted by the Court. The accused person is entitled to have the benefit of any doubt that may arise from the evidence. If, after considering all the evidence, the Court is not satisfied that the accused person is guilty beyond a reasonable doubt, then the accused must be acquitted by the Court.

Appreciation of Indirect Direct Evidence in a Criminal Case
In order to appreciate the evidence, it is necessary to have a general understanding of the law of criminal procedure. The law of criminal procedure governs the process by which a person accused of committing a crime is tried and convicted. It includes all the rules and regulations that govern how a criminal case is to be conducted. The law of criminal procedure is divided into two main categories: substantive law and procedural law. Substantive law deals with the substantive rights of the accused, such as the right to a fair trial, while procedural law deals with the procedures that must be followed in order to ensure that those rights are protected. The appreciation of evidence is an important part of the substantive law of criminal procedure. It is through the appreciation of evidence that the Court determines whether or not the accused is guilty of the crime charged. There are two main types of evidence: direct evidence and indirect evidence. Direct evidence is evidence that directly proves or disproves an allegation. Indirect evidence, on the other hand, is evidence that supports or contradicts an allegation, but does not directly prove or disprove it. In order to appreciate indirect evidence, the Court must first determine whether the evidence should be given any weight or not. This determination is made on a case-by-case basis, taking into account all of the circumstances surrounding the case and evidence submitted to the Court. Factors that may be considered include:
– The nature of the indirect evidence
– The credibility of witnesses;
– The reliability

Role of Police in a Bail Application
In India, the role of the police in a bail application is very important. The police is/are responsible for investigating the crime and gathering evidence against the accused person. The Investigating Officer of the case has to file a report in the Court, which includes the facts of the case, the evidence collected, and the opinions of the police regarding the grant of bail to the accused. They also have to provide security to the accused in a few cases. Based on this report, the Court decides whether to grant bail or not. The police also play a crucial role in ensuring that the accused person complies with the conditions of the bail, such as appearing in Court when required and not leaving the jurisdiction of the Court without permission. The police is/are also responsible for re-arresting the accused if they violate the conditions of their bail. Thus, the role of the police in a bail application is crucial in ensuring the fairness and transparency of the criminal justice system in India.

Role of Prosecution in a Bail Application
The primary role of the prosecution in a bail application is to represent the state and prove that the accused is guilty of the crime and should therefore be denied bail. The prosecution presents evidence and argues before the Court why the accused should not be granted bail. In considering whether to grant bail, the Court takes into account a number of factors, including the severity of the crime, the likelihood of the accused absconding, and the risk of the accused harming others if released on bail. The prosecution may also argue that granting bail would send a message that such crimes are acceptable and would ultimately lead to more crime. If the Court decides to grant bail, it sets conditions that must be met by the accused in order to ensure their appearance at trial. These conditions may include surrendering their passport, posting a financial bond, or remaining within a certain geographic area. If the conditions are not met, then the bail may be revoked and the accused may be taken into custody. So it is the prosecution’s responsibility to convince the Court that the accused should be kept under custody until the trial is concluded.
The entire write-up is split into two parts and the same is done to ensure brevity.
Authored By: Adv. Anant Sharma

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