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The concept of bail is a fundamental part of Indian criminal law and a generally accepted principle in all legal systems around the world. By law, bail means obtaining the release of a person awaiting trial or appeal by posting a bond or security to ensure that they will be presented to judicial authorities at the required time.
During a bail hearing, a judge will determine whether or not you're eligible for bail and, if so, how much it will cost. This is a crucial moment in your case, and it's important to have an experienced attorney on your side. At Law Samadhan, our team of legal experts will fight tirelessly to secure your release on the most favorable terms possible.
There are commonly three types of bail in India:
1. Regular bail
2. Interim bail
3. Anticipatory bail
A person accused of bailable offence under Indian Penal Code can be granted bail. However there are some conditions –
1. There are sufficient grounds to believe that the accused has not committed the offence.2. There is sufficient reason to conduct further enquiry in the matter.
3. The person has not been charged with any crime punishable by death, life imprisonment or up to 10 years imprisonment.The accused does not have the right to apply for bail in non-bailable offences under Section 437 of Code of Criminal Procedure, 1973. It is discretion of the court to grant bail in case of non-bailable offences.
Conditions for bail in non-bailable offences are-
1. Bail can be granted for non-bailable offenses where the accused is a woman or child.
2. Bail may be granted for non-bailable crimes in the absence of evidence.
3. If complainant delays in lodging FIR then bail may be granted
4. If the accused is seriously ill.
The conditions for granting bail in India vary based on the nature of the crime and the circumstances of the accused person. However, the basic principle is that the accused person must not pose a danger to the public or be a flight risk.
An advocate plays an important role in a bail hearing by representing the accused person and making arguments to the judge in support of bail. They may also provide information and evidence to support their case.
Regular bail is granted after a person has been arrested and charged with a criminal offense. Anticipatory bail, on the other hand, is granted before a person is arrested in order to prevent their arrest.
Yes, bail hearings can be conducted online in India through video conferencing as per recent directives from the Supreme Court.