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Bail is
the legal release of a person from the custody of the police who is charged
with certain offences.
Bail application
Usage
The bail application is filed by the advocates on behalf of the accused of the
provisional release of the accused. The arrest is made in criminal cases to
ensure that the accused must be present before the court during the process
of trial. But, if the accused agreed to be present in the court, without going
into jail. Then, in that case, it is unfair to restrict his personal liberty, so the
provision of bail is included in the provisional laws. The accused may be
charged with bailable and non-bailable offences, but they can be granted
bail. The accused has to follow the necessary condition laid down in his bail
application. If the accused jumps any of the bail conditions, then the police
have the power to arrest the accused.
1. The name of the magistrate court under whom the bail application is
filed.
10. The accused will not leave the country without the permission of the
court should be mentioned.
11. The counsel in prayer should ask the court for granting the bail on the
abovementioned ground.
1. The defendant indicates that they are submitting for the bail.
3. Anticipatory bail
Section 436 of the Code of Criminal Procedure provides for the bail of a
person alleged of committing a crime which is bailable in nature. The bail is
the right of the person this section further casts an obligatory duty on the
police or the court to grant bail to the person alleged of committing crime
bailable in nature. This section further clears that whenever a person who is
alleged of committing a crime which is bailable in nature makes an
application before the court or the police office then the court or the police
official has to allow the bail. It is also the duty of the police officer to release
the person on his personal bond, in spite of the order of surety, he fails to
produce the surety within 7 days. While casting such duty on police officer
law raises a presumption in favour of the accused to the effect that the
accused is indigent and poor so that he cannot arrange surety and therefore
he has to be released on personal recognizance.
A new Section 436A is included in the year 2005 for the undertrial
prisoners. Under 436A, if a person has undergone half of the maximum
sentence for the alleged offence, then he will be released on the personal
bond with or without the surety.
In Maulana Mohammad Amir Rishadi vs. State of U.P and Anr., the supreme
court held that merely on the basis of criminal antecedents bail cannot be
denied. In Sumit vs. State of U.P, the court held that even if there are other
criminal cases pending the accused can be granted bail. In Chandraswami
and other vs. CBI, it was held that the accused may leave the country after
seeking permission of the court, but the reason given by the accused was to
propagate Hindu religion found to be unsatisfactory, hence the permission
was not granted. In Arnesh Kumar vs. State of Bihar and Anr., it was held
that the Police officer need not arrest accused unnecessarily and the
magistrate did not order detention casually and mechanically. The checklist
under Section 41 must be provided to the police and should be furnished and
filled by the accused. The police officer shall furnish the same before the
magistrate for authorizing the detention.
6. If at any time during the trial and before the judgment, if the court is of
the opinion that the accused is not guilty of any such offence, then it
may release him on bail without sureties.
Anticipatory bail
1. The person shall make available for the interrogation before the police
as and when required.
2. The person shall not make any threat, inducement or any promise to
any witness.
3. The person shall not leave India without the permission of the court.
STATE
ABHISHEK SINGH
2. That the police have falsely implicated the applicant, the applicant is
the respectable citizen of the society and he has no criminal
antecedents.
3. The facts initiated against the applicant is civil dispute and does not
constitute any criminal case against him.
4. That the applicant is not required in any kind of investigation, nor any
custodial interrogation, no recovery can be made out at the instance of
the applicant.
9. That the applicant further undertakes not to tamper with the evidence
or witness of the case 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 condition the
court or police officer willing to impose in relation with the case.
PRAYER
It is therefore prayed that the court may order for the release of the applicant
in the order of the justice. And the other order which the court may deem fit
and proper in the facts and circumstances of the case may be also passed in
the favour of the applicant.
APPLICANT
THROUGH
COUNSEL
Conclusion