REGULAR BAILS IN INDIA
In India, a regular bail is a legal remedy that allows an accused person to be released from custody during the pendency of their trial. It is granted by a court of law to a person who is arrested or detained by the police in connection with a criminal offense. INTERIM BAIL in Kolkata, Delhi, India
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To obtain a regular bail, an accused person must file an application before the court. The application must state the reasons why the accused is entitled to bail, such as health reasons, absence of evidence against the accused, or any other factors that the court may consider relevant. Conditions for grant of bail
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The court will consider several factors when deciding whether to grant bail, such as the nature and seriousness of the offense, the likelihood of the accused fleeing or interfering with the investigation, the accused’s criminal record, and the strength of the prosecution’s case. ANTICIPATORY BAILS IN INDIA
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If the court grants bail, the accused person will be released from custody on certain conditions. These conditions may include the execution of a bond, providing sureties, and complying with other requirements such as reporting to the police station regularly, surrendering their passport, or refraining from leaving the jurisdiction. Bail Lawyer in Kolkata, Delhi, India
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It is important to note that bail is not a right but a privilege granted by the court. The court has the discretion to grant or deny bail based on the facts and circumstances of each case. Therefore, it is essential to seek the advice of a qualified lawyer when seeking regular bail in India. LAW OF BAILS IN INDIA, KOLKATA, DELHI
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P. Chidambaram vs. CBIthe Supreme Courthas held :in para 22 that the jurisdiction to grant bail has to be exercised on the basis of the well-settled principles having regard to the facts and circumstances of each case. The following factors are to be taken into consideration while considering an application for bail:- (i) the nature of accusation and the severity of the punishment in the case of conviction and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of theaccused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and thecircumstances which are peculiar to the accused;
(v) larger interest of the public or the State and similar other considerations (vide Prahlad Singh Bhati v. NCT, Delhi). There is no hard and fast rule regarding grant or refusal to grant bail. Each case has to be considered on the facts and circumstances of each case and on its own merits. The discretion of the court has to be exercised judiciously and not in an arbitrary manner. .....”
