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The procedure to obtain bail in India depends on whether the offence is bailable or non-bailable. Usually, non-bailable offences are offences that are more serious in nature:
For Bailable Offences:
Apply for Bail: When you are arrested for a bailable offence, you have the right to be released on bail. You or your lawyer can apply for bail directly to the police officer in charge or the Magistrate.
Bail Bond: Provide a bail bond, which means you will have to pay a specific amount of money as a guarantee that you will appear in court when called. This may also require sureties (persons who vouch for you).
Release on Bail: Once the bond is accepted, you will be released.
For Non-Bailable Offences:
File a Bail Application: You need to apply for bail before the court. Depending on the stage of the case, this could be a Magistrate, Sessions Court, or High Court.
Hearing: The court will conduct a hearing where both the parties present their arguments. The court considers factors like the nature of the offense, evidence, the likelihood of the accused running away or tampering with evidence, and the accused's criminal history.
Bail Conditions: If the court grants bail, it may impose certain conditions, such as surrendering your passport, regular reporting to the police, or not contacting witnesses.
Bail Bond: Provide a bail bond with sureties as per the court's requirements.
Release Order: Once the bail bond is accepted, the release order will be sent to the jail authorities, and you will be released.
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FAQs
FAQ 1: What is the process to apply for bail in India?
Answer: Submit a bail application to the court, provide sureties if required, and attend the bail hearing where the judge decides based on the case details.
FAQ 2: What types of bail are available in India?
Answer: There are three types: regular bail, interim bail, and anticipatory bail. For more details, check the Criminal Procedure Code.
Reference:-
Written by Arshita Anand
Arshita is a final year student at Chanakya National Law University, currently pursuing B.B.A. LL.B (Corporate Law Hons.). She is enthusiastic about Corporate Law, Taxation and Data Privacy, and has an entrepreneurial mindset
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