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

Hi I am an aspiring lawyer, who loves to write…

“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.

via courthousenews

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.

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:-

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.

via newyorktimes

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

For more “Law” related blogs click here