Bail Application in India
The term ‘bail’ originated from a French verb ‘bailer’ which means ‘to give’. Bail means the security which is deposited to secure the provisional release of a person who is accused in a criminal matter where judgement is yet to be pronounced[1] Although the court has discretionary power over the grant of bail the accused has a right under Constitution of India, Article 21 of his life and personal liberty as hence the accused has a right to seek bail in order to get himself released unless found guilty. Bail can be granted when the court is satisfied with the subject of surety. Any adult person who is a close relative or a known person of the accused can be a surety. The person acting as a surety needs to have a title on any immovable property and shall not be accused of any offences.
Drafting of Bail Application
In the profession of lawyers, drafting of documents plays a significant role in his/her career, and when we talk about drafting of the bail application, it is in itself plays a very vital part as it is the most classic tool in the hands of lawyers to safeguard their clients. Hence, drafting of bail application with the correct format is important and to do it properly by keeping all the criteria’s in mind is even more essential part of it. In this article, we shall discuss all the aspects regarding bail as to what exactly does it mean, essential documents required while drafting a bail, all the formats of different types of bail that should be followed while applying for it, conditions of bail in both bailable and non-bailable offences in India.
Essential Documents to be Attached with Bail Application
· Ration Card
· Aadhaar Card
· Voter ID or Passport
· Original RC Book of Vehicle or Property or,
· IT Returns Acknowledgement.
Types of Bail in India
There are usually three types of bail granted in India depending upon the criminal matter;
Regular bail – A regular bail is filed under section 437 and 439 of Code of Criminal Procedure, 1973. It is granted generally to a person who is already arrested and is in police custody. The court other than Session court can grant this bail.
Interim bail – This is a bail granted for a short/temporary period of time which is granted before the hearing of regular bail or anticipatory bail.
Anticipatory bail – An anticipatory bail is filled under section 438 of Code of Criminal Procedure, 1973 and is granted either by Session Court or High Court. It is granted after registration of FIR but before a person is arrested. It is generally filled by a person who determines or anticipate that he may be arrested for a non-bailable offence by the police.
Conditions for bail in Bailable offence:
Under Section 436 of the Code of Criminal Procedure, 1973, a person accused of a bailable offence under IPC can be granted bail. Conditions are as follows –
1. The person is not accused of any offence punishable with capital punishment, life imprisonment or imprisonment up to a term of 10 years;
2. There are sufficient grounds to believe that accused has not committed the offence;
3. There are reasonable grounds to conduct a further enquiry in the matter.
Conditions for bail in Non – Bailable offence:
Under section 437 of the Code of Criminal Procedure, 1973, a person doesn’t have the right to apply for bail in a non-bailable offences.
The court has a discretionary power to grant bail in case of non-bailable offence. Conditions are as follows:
1. If the accused is gravely sick;
2. The delay in lodging FIR by the complainant can be a ground for granting bail;
3. Lack of evidence can be a ground to grant bail in a non-bailable offence;
4. If the accused is a woman or a child, then bail may be granted in a non-bailable offence.
The court has the power to decline the bail even at a later stage, under section 437(5) and 439(2) of Code of Criminal Procedure this power is laid down on the court. The court can cancel and order the police to arrest and keep the person in police custody.
In the case, Siddharth Vashishht V. State of Delhi, 2004 CrLJ 684(Del) the principles abided while granting or refusing bail under section 434 Code of Criminal Procedure –
Bail can’t be refused until unless crime committed is of the highest magnitude;
If there’s a possibility of interference of the accused with the witnesses of the case and polluting the justice;
If the accused has a bad record and there’s a likelihood of him to commit more serious offences when he’s on bail;
Possibility of absconding;
Evasion or attempt to evade in the due course of justice.
THE BAIL APPLICATION FORMAT INDIA
BAIL APPLICATION FORMAT INDIA UNDER SECTION 437 OF CODE OF CRIMINAL PROCEDURE
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BEFORE THE COURT OF METROPOLITAN MAGISTRATE, AT (give the name of the police station or the Illaka Magistrate where the bail application is being filed)
BAIL APPLICATION NO.…. OF (YEAR)
IN THE MATTER OF
STATE VS (Mention the name of the applicant)
FIR Number: (Mention the FIR number)
Under Section: (Mention the sections under which the FIR has been filed)
Police Station: (Mention the name of the Police Station)
Accused under custody since: (Give the date on which accused has been arrested)
APPLICATION UNDER SECTION 437 CRPC FOR GRANT OF BAIL ON BEHALF OF THE ACCUSED (name of the applicant of the bail along with his father’s name, address and other details)
MOST RESPECTFULLY SUBMITTED AS UNDER: 1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated, concocted and without any basis.
2. That the police have falsely implicated the applicant and arrested him in the present case, the applicant is a respectable citizen of the society and is not involved any criminal case.
3. That the facts stated in the complainant against the applicant are civil disputes and does not constitute any criminal offence at all.
4. That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required, nor any recovery is to be made at the instance of the applicant.
5. That the applicant is having very good antecedents, he belongs to good family and there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice.
7. That the applicant undertakes to present himself before the police/court as and when directed.
8. That the applicant undertakes that he will not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner.
10. That the applicant shall not leave India without the previous permission of the Court.
11. That the applicant is ready and willing to accept any other conditions as may be imposed by the Court or the police in connection with the case.
PRAYER It is therefore prayed that the court may order for the release of the applicant on bail in the interest of justice.
Any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favour of the applicant.
APPLICANT THROUGH COUNSEL
(Signature)
PLACE:
DATE:
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Footnotes: [1] Adv. Shubham Mongia, ‘Types of Bail in India and Conditions for grant for Bail’, Legal Service India, www.legalserviceindia.com/legal/article-1804-types-of-bail-in-india-and-conditions-for-grant-for-bail.html
Submitted by,
Satakshi Awasthi,
School of Law, University of Mumbai.