How To Apply For Bail?

I need bail for my brother, my mother is sick I need to take him out what will the charges of advocate and how can I do without an advocate. As I am poor.

Answers (2)

Harini S

Harini S

  • Sector-1, Noida

As you have not stated under what kind of an offence your brother has been held accountable, we provide you with general remedy which is available. You can file an appeal in high court or you can file a fresh bail application on fresh grounds in session court undersection 437 of the Criminal procedure code. But it is upon the descretion of the magistrate. 

READ: Bail - All You Need To Know

You can consult an expert criminal lawyer in India, who will guide you better with respect to the case your brother is being held accountable for. You can also request court for the same.

Answered on 23 Mar 2019


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Aditi Singh

Aditi Singh

  • Sector-1, Noida

When a person accused of committing a crime is arrested, he/she has a legal right to file a Bail Application, seeking to be considered for release on bail. Bail is the process of securing the legal release from custody, of an accused charged with certain offences.

A person has to execute a bail bond and furnish securities. He has to comply with the bail bond and appear before the police officer or court whenever required to do so. His failure can result in the termination of his bail. He has to submit the form (Form 45) given in the second schedule to the court in which his case is being heard.

In case, he has been accused of a non-bailable offence, he can submit a similar form before the Court in which his case is being heard, but it has been left to the discretion of the Court to decide the same. If the Court is satisfied that reasonable grounds exist for detaining such a person, it can refuse the grant of the bail.

Under Section 436 any person, other than a person accused of a non-bailable offence, is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before the court and is prepared to give bail, such person shall be released on bail as a matter of right. Under this section, the court cannot exercise any discretion in granting bail.

Under Section 437 a court (other than a High Court or a Court of Sessions) or a police officer possesses the power to release an accused on bail in a non-bailable case unless there appear reasonable grounds that the accused has been guilty of an offence punishable with death or with imprisonment for life.

Under Section 438 any person who apprehends or has reason to believe that he/she is likely to be arrested on false or trumped-up charges, due to enmity with someone, or in connection with a false case lodged or likely to be lodged against him, may approach a Court of Sessions or High Court for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on Anticipatory bail.

Under Section 439 a High Court or a Court of Sessions possesses special powers to direct the release on bail of an accused person. These special powers are entirely discretionary and also apply to the discretionary power of a High Court or Court of Sessions to cancel the bail of an accused person.

Legalities are confusing you may be our experts in criminal law in India can help you with their advice.

Answered on 11 Jul 2019


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