What is Bail?
Bail is a legal procedure that allows an arrested person to be released from custody until their trial. The goal of bail is to ensure that the accused individual appears in court and does not flee the jurisdiction.
How to File Regular Bail and Anticipatory Bail Applications in Delhi?
Regular bail is the method by which an accused individual can be freed from custody by filing a bail application. The accused, their Criminal lawyer in Delhi, or anybody else on their behalf may file the application.
To file a standard bail application in Delhi, follow these steps:
- Consult a lawyer: The first step in filing a standard bail application is to consult a criminal law attorney. They will walk you through the steps and ensure that your application is properly written.
- Make the application: The bail application should include information about the offence, the reasons for obtaining bail, and any other relevant information.
- Make the application: The bail application should include information about the offence, the reasons for obtaining bail, and any other relevant information. The application should also include an affidavit signed by the accused saying that they would abide by the bail restrictions.
- Submit the application to the court with jurisdiction over the case: The application should be submitted to the court with jurisdiction over the case. The court will hear the application and may issue bail if it is convinced that the accused is bound by the bail conditions.
Cancellation of Regular Bail in Delhi
Regular bail in Delhi can be cancelled if the accused breaches the terms of the bail or is proven to have committed a new offence while on bail. In such instances, the court may cancel bail and issue an arrest warrant for the accused. The court may also revoke bail if it is discovered that the accused got bail by presenting false information or concealing facts. If bail is revoked, the accused individual may be returned to custody until the trial is concluded.
Anticipatory bail is a procedure in which a person seeks bail before being arrested. The goal of anticipatory bail is to keep someone from being arrested without probable cause.
To file an anticipatory bail application in Delhi, follow these steps:
- Consult a lawyer: The first step in filing an anticipatory bail application is to consult a criminal law attorney. They will walk you through the steps and ensure that your application is properly written.
- Make the application: The anticipatory bail application should include information about the offence, the reasons for obtaining anticipatory bail, and any other pertinent information. The application should also include an affidavit signed by the accused saying that they would abide by the bail restrictions.
- Send in your application: The application for anticipatory bail should be made to the court that has jurisdiction over the case. The court will hear the application and may grant anticipatory bail if it is convinced that the accused has a reasonable fear of arrest and would obey the bail conditions.
Documents Required for Filing Bail Applications
Certain documentation must be submitted to the court when submitting bail applications. The following documents are necessary to file bail applications in Delhi:
- Bail application: The application should be written in the format specified.
- Affidavit: The accused individual must sign an affidavit saying that they will follow the bail conditions.
- Surety bond: A surety bond is filed by the surety, who is a person who agrees to ensure that the accused individual abides by the bail conditions.
- Personal bond: The accused person must submit a personal bond pledging to follow the bail conditions.
- ID proof: Both the accused and the surety must provide identification, such as an Aadhar card or passport.
- Address proof: The accused and surety must provide address proof, such as a utility bill or rental agreement.
Cancellation of Anticipatory Bail in Delhi
Anticipatory bail in Delhi can be cancelled if the court finds that the accused has breached any of the terms established when the bail was granted. If the offender fails to appear in court or with the police as required, or if he or she is proven to have committed a new offence while on bail, the court may cancel the anticipatory bail.
Furthermore, if the court determines that the anticipatory bail was obtained by submitting false information or concealing facts, the bail may be revoked. In such circumstances, the accused might be arrested and held in custody until the trial is over.
It is crucial to remember that the terms of anticipatory bail may differ based on the facts of the case and the court where the application is submitted. When submitting for anticipatory bail, it is best to obtain the advice of a lawyer to ensure that all relevant requirements are met and the bail application is correctly written.
To reach a final determination on a bail application, the Sessions Court, a High Court, or the Supreme Court Lawyer in Delhi must collect specified paperwork from the lower courts, such as the charge sheet, certified copies of the documents, and the case diary. These documents will take time to gather, and the accused will be remanded in police custody until the court can reach a decision.
In such cases, the accused may request for temporary bail to avoid being kept in custody until the lower court’s documentation is received by the higher court. As a result, interim bail is a provisional bond that is provided until the court makes a final decision on the bail. The court may grant permanent bail, extend interim freedom, or deny the current bail request at its discretion.
Who can file for regular bail or anticipatory bail?
A person who has been arrested and is in police or judicial custody in Delhi can apply for normal bail. In the instance of anticipatory bail, a person who anticipates arrest by the police might apply for it before the arrest is made.
In both circumstances, the accused, his or her lawyer, or a representative might file a bail application. It should be noted that in the case of anticipatory bail, the application must be filed before the arrest. After being arrested, the accused can only apply for ordinary bail.
It’s also worth noting that bail can only be granted for bailable charges. Bail can be given for non-bailable offences only if the court is satisfied that there are grounds for it.
When filing for regular or anticipatory bail, it is best to get the advice of a lawyer to ensure that all relevant criteria are met and the bail application is correctly written.
Why do you need a Criminal Lawyer?
Irrespective the nature of the crime, it is vital that you hire a criminal lawyer as soon as you or someone you know has been arrested or is about to be arrested. A criminal lawyer ensures that the accused’s rights are always respected. As a result, the expertise of a criminal lawyer guarantees that bail is filed on time, eliminating extra stress for the accused. A criminal lawyer is well-versed in bail procedure and law and, as a result, can best advise on the best course of action.