Introduction

The Indian criminal justice system provides for the bail procedure as a fundamental right for every individual accused of a crime. The procedure allows the accused to be released from custody until their trial or hearing, ensuring that they are not denied their liberty without due process of law. This article will provide a comprehensive guide to the bail procedure in case of criminal cases in India.

The Legal Framework for Bail Procedure in India

 The bail procedure in India is governed by the Criminal Procedure Code (CrPC), which is a comprehensive legislation that lays down the rules and regulations regarding the bail application, hearing, and decision. The Code was enacted in 1973 and has since undergone several amendments to keep up with the changing needs of the criminal justice system.

The right to bail is enshrined in Article 21 of the Constitution of India, which provides for the protection of life and personal liberty. The Supreme Court of India has consistently upheld the right to bail as an essential aspect of the presumption of innocence until proven guilty.

Types of Bail in India

There are two types of bail available under the Indian criminal justice system:

1. Regular Bail: Regular bail is granted to an accused person who is in custody or has been arrested by the police. The accused can file a bail application before the court where the case is pending. The court will consider various factors such as the nature of the offense, the strength of the evidence against the accused, and the possibility of the accused absconding or tampering with evidence before deciding whether to grant bail or not.

2. Anticipatory Bail: Anticipatory bail is granted to an accused person before their arrest. This type of bail is available to a person who apprehends arrest on an accusation of having committed a non-bailable offense. The accused can file an anticipatory bail application before the court of sessions or the High Court. The court will consider various factors such as the nature of the offense, the strength of the evidence against the accused, and the possibility of the accused absconding or tampering with evidence before deciding whether to grant anticipatory bail or not.

Bail Application

The first step in the bail procedure is to file a bail application before the court where the case is pending. The accused or their lawyer can file the bail application on their behalf. The bail application must contain all the relevant details of the case, such as the charges against the accused, the evidence against them, and any other relevant facts.

The bail application must also include an affidavit by the accused, stating that they will comply with all the conditions of the bail if it is granted. The affidavit must also state that the accused will not abscond or tamper with the evidence.

Hearing

Once the bail application is filed, the court will set a date for the bail hearing. During the bail hearing, the accused or their lawyer will present their case before the court, and the prosecution will present their arguments against the bail application. The court will also examine the evidence presented by both parties and consider the severity of the offense, the likelihood of the accused absconding, and the possibility of the accused tampering with the evidence.

The court may also consider other factors such as the nature of the offense, the criminal record of the accused, and their financial status before deciding whether to grant bail or not.

Decision

After considering all the relevant factors, the court will decide whether to grant bail to the accused or not. If the court grants bail, the accused will be released from custody, and they will be required to provide a bail bond or surety, which is a sum of money or property that ensures that the accused will attend an investigation and appear before the court or police whenever the accused will call.

How and Where apply the bail application in Jalandhar – 

To apply for bail in Jalandhar, the accused or their legal representative must approach the court with an application for bail. The court may require a surety or a personal bond from the accused, and may also require the accused to deposit a sum of money as security. The court will consider factors such as the nature and severity of the offense, the likelihood of the accused fleeing or tampering with evidence, and the accused’s past criminal record. As we discussed above types of bail. if the accused have to file Anticipatory bail then it must go to the District session judge or Additional District Session judge. In the case of regular bail applications have to move before the trail court.