Bail Application FAQ

Bail relates to the freedom of the accused during a criminal case.

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  • What is bail application?

    There are 2 types of bail:

    1. police bail
    2. court bail

    Bail, in law, means procurement of release from custody (either under the police of other law enforcement agencies) or court of a person awaiting trial or an appeal, subject to conditions to ensure his submission at the required time to legal authority.

  • What is first bail application?

    When the police have refused a suspect police bail, they must bring the suspect in their custody to court. The suspect may then make his first bail application to the Magistrate. In case it is refused, the suspect called as the accused or defendant has the right to apply to the High Court for release on bail.

  • What to be said when arguing for court bail?


    Factors to be considered while granting bail.


    It is well settled that the matters to be considered in an application for bail is "the likelihood of absconding".  


    The relevant factors taken into account are:

    1.  whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; 
    2.  nature and gravity of the charge;
    3. severity of the punishment especially the likehood of imprisonment.

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