What documents are required for bail in India?Asked by: Dr. Richmond Kassulke I | Last update: August 13, 2022
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Depending upon the Judge/Magistrate, the documents required will be Ration Card, Aadhaar Card, Voter Id or Passport. Some Judges may insist on original RC Book of vehicle or property documents to be shown. Some Judges may insist on Government Workers to stand as surety.
What is the procedure for bail in India?
The application for bail shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.
How much does bail cost in India?
An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.
Who can give surety for bail in India?
Any natural person can be a surety. Artificial person or corporation cannot be a surety. [ii] According to section 441(4) of the Code of Criminal Procedure, Magistrate can check fitness or sufficiency of surety and may reject surety if not satisfied about reliability, identity, fitness or sufficiency of surety.
How long does it take to get bail in India?
Dear, Generally it will take between 7 to 15 days max to get the bail either of the way it can be allowed or dismissed basing on the facts in FIR and other parameters.
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What are the conditions of bail?
- The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case.
- The accused shall appear before the proper court whenever required by the court or by the Rules of Court.
Can police grant bail in India?
An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non- bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.
Do police check bail address?
If you give a friend or family member's address as your bail address, the police will usually contact them to make sure that they are happy for you to stay there. If you have been arrested for an indictable offence, Section 32 of PACE determines that the police have the right to enter and search your home.
How do you apply for bail?
- The name of the magistrate court under whom the bail application is filed.
- The section of CrPC must be mentioned under which the application is moved.
- The name of the parties must be mentioned.
- The FIR number should be mentioned.
Why RC is required for bail?
it must be for furnishing the surety for applying bail to your friend. The RC might be kept in court records and you will be able to get it released once the surety is discharged after the case or in between if you want to release the surety.
Is Fir necessary for anticipatory bail?
ACT: Bail-Anticipatory Bail-Section 438 of the Code of Criminal Procedure Code, 1973 (Act 2 of 1974), Scope of- Judicial balancing of personal liberty and the investigational powers of the Police, explained.
In what cases bail will be granted?
First, it is often granted after the arrest; Second, it is often granted to an individual who has been an undertrial prisoner for committing a non-bailable offense and; Third, a bail application also can be filed by an individual, who was convicted by the court and preferred an appeal against conviction.
What are the types of bail?
Broadly speaking there are three categories of bail and they are- i] bail in bailable offences, ii] bail in non bailable offences, iii]anticipatory bail, BAIL IN BAILABLE OFFENCES, Section 436 of the Code of Criminal Procedure deals with provisions of bail in bailable offences.
When can a person apply for bail?
When a person has been convicted for an alleged crime, he/she can apply for bail. In case of a bailabe offence, as has been stated above, the accused will have to file an application as Form - 45 provided in the second schedule.
Can I drop police charges?
If charges are dropped after the trial begins, the prosecution must request the court to allow the charges to be dropped, and the court may or may not give their consent. For a charge to be dropped, the prosecutor will either withdraw some or all charges.
On what grounds can bail be refused?
danger of accused absconding or fleeing if released on bail. character, behaviour, means, position and standing of the accused. likelihood of the offence being repeated. reasonable apprehension of the witnesses being tampered with, and.
How do you bail in court?
The accused person can apply at any stage of the court proceedings for bail when he or she is before the court. Normally after arrest the accused must be brought before a court within 48 hours of arrest and he or she may then apply to be released on warning or bail if the case is not finalised on that day.
When bail petition is filed?
Bail application is filed before the court under Form 45 in the 2nd schedule for the release of a person in custody. The bail is filed by the advocate on behalf of the accused. The accused has to furnish bond and sureties before the court then he is released on the bail.
In which court bail is filed?
Under Section 437(5) of CrPC, the court which has granted bail can cancel it, if found necessary under certain conditions. Per Section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody.
Can I travel abroad if I am on bail?
Further, a person out on bail is always identified by the surveillance systems and must report to investigating agencies, surveillance departments while travelling within the country and abroad, depending on the conditions of the bail.
How long can bail last?
28 days maximum for standard criminal cases
The important difference is that the maximum period is 28 days unless extended by a “senior officer” of the rank of superintendent or above.
Can bail be dropped?
Your case can be dropped while you're on bail. If you are bailed without charge, called 'pre-charge bail' this means that you will have to appear at a police station at a later date. This is so that the police can look over the evidence and decide whether or not to charge you.
What is instant bail?
Interim bail- This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.
Is bail amount refundable?
No. The money that is held by courts through bail money or through other means (official liquidator or Court receiver) are interest free deposits. However courts through it's order/judgment may ask the litigating party to pay the principal or any other dues with interest to they other party. Was this answer helpful?
Can you get bail on Sunday?
Yes it is possible to get bail on sunday and holidays.