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Whatever Bail Or Anticipatory Bail Is…Mil Toh Jayegi Na?

Whatever Bail Or Anticipatory Bail Is…Mil Toh Jayegi Na?

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Bail

“Nahi Didi. Thorda tricky hai. Sunno…” Bail is the sum of money sentenced to post before a trial is eventually released from prison. It is not satisfactory and not acceptable. It should not be seen as a penalty. Its purpose is to ensure that the accused appear for prosecution and any pre-trial trials they have to attend.

A) Bail by Police

A policeman can issue Bail:

  • when the arrest was made without a warrant, or
  • when the arrest was carried in search of an arrest warrant.
Bail, Handcuffs

B) Bail by the Magistrate

Magistrate can issue Bail in the following cases:

  • The Penal Code allows for the retaining of a person accused of committing an admitted crime.
  • In case a formal arrest was carried, and the suspect was detained without a warrant. Everyone arrested by a police officer shall, within 24 hours of his detention, be presented before the Judicial Magistrate.
  • If anyone commits a leaseable offence, the magistrate can issue Bail. But, if he commits a non-leasable crime, the magistrate decides to allow Bail.
bail law, law and money

via ipleaders

C) Anticipatory Bail

It is expected to guarantee the release of a person (who before the arrest) has bogus allegations or claims brought against him/her, usually because of his/her professional or personal hostility.

Conditions for granting anticipatory Bail:- 

See Also

  • The person must be afraid of arrest. The fear must be reasonable.
  • Whenever the person is called or asked to testify in court.
  • The individual must not disagree at any point with the facts of the case.
  • The person must not leave the territory of India (Without the permission of the court (or whatever event).
  • The person shall not force someone.
prisoner in jail

The terms Bail and Advance Bail are interrelated with each other but separate. Nonetheless, a Bail can be issued at various levels. Also, it can only be sought before the case is lodged.

“Toh Didi, Bail isn’t that easy! Papad bail-ne hi padte iske liye bhi…”

Blog Edited By Ritika Gupta

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