जमानत के लिए बहस,Arguments in Bail Application,Sec.437,438 & 439 Cr.P.C.,How to obtain bail

This video will demonstrate about how to do arguments in Bail Application.

Arguments in Bail Application

1. Point No.1:- Bail is rule, jail is an exception’ is a legal principle that was laid down by the Supreme Court in a landmark judgment of State of Rajasthan v. Balchand alias Baliya in 1978.

2. Point No.2.:- Ram Govind Upadhyay v. Sudarshan Singh, (2002) 3 SCC 598 it has been clearly laid down that the grant of bail though involves exercise of discretionary power of the Court, such exercise of discretion has to be made in a judicious manner and not as a matter of course.

3. Point No.3 :- Bailable Offence:- No arguments are required. Bail is a matter of right and only required to obey the orders of the court and to file bail and bond before the court as per the direction of the court

4. Point No.4:- Non Bailable offence :- If the Accused in Judicial Custody

A. Involvement of the Accused:- The accused was not at all involved in the incident

B. Delay in F.I.R. :- If the F.I.R. has been lodged after inordinate delay, it is a good ground of bail.

C. Civil Suit Pending:- If the civil Suit is pending between the parties, Please produce the certified copy of the civil suit pending between the complainant and the accessed. Please refer that the civil suit is already pending before the competent court and the F.I.R. has been lodged due to rivalry.

D. Challan Filed :- If the Charge Sheet has been filed . Please produce the entire charge sheet along with the bail application. ,kindly search the relevant favorable points and lacuna of the prosecution and take this ground that the charge sheet has been filed , therefore the accessed may be released on bail

E. Period of Custody:- If the Period of Custody is already sufficient, as compare to the offence, please take the ground that the accused is in custody since long time and therefore he may be granted the benefit of bail.

F. Previous Criminal Record:- Antecedents:- If the accused is not having any antecedents, there is bright chance to get bail order in favour

G. Doctrine of Parity:- If the judge has already taken bail in the some other matter in similar type of case, there is bright change to get the order of bail. Please produce the certified copy of the same order.

H. Co Accused has enlarge on Bail:- If the Co accused has already been enlarged on bail, there is all hope that the judge will grant the bail.

I. Injury Report:- If there is no grievous hurt as per medical report and the weapon used is not sharp weapon, there is always a better chance to get the bail order.

J. Statement of 161Cr.P.C.:- If it is favorable to the accused.


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