Скачать или смотреть What Is The Procedure To Get Bail In India. Conditions For Bail In Bailable & Non Bailable Offences.

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How To Apply For Bail In India?
The process to apply for a bail depends upon the stage at which the criminal matter is. In case, the person is not yet arrested by the cour, but fears that an FIR may be filed against him with the police, the person can hire a criminal defence lawyer in India to file an anticipatory bail application.


Conditions For Bail In Bailable Offences
Section 436 of the CrPC lays down that a person accused of any bailable offence under the IPC can be released on bail. Bailable offences under the IPC include unlawful assembly (Section 144 of CrPC), payment of bribe during elections, fabrication of false evidence, sale of poisonous food or drink knowingly, participation in riots, being armed with deadly weapon, furnishing false information, threat of injury to public servant, selling adulterated drug, selling obscene book, causing death by negligence (Section 304A), stalking, criminal defamation, etc.


There are sufficient reasons to believe that the accused has not committed the offence.
If, as per the court, there is sufficient reason to conduct further enquiry in the matter.
The person is not accused of any crime for which is punishable with death, imprisonment for life or imprisonment up to 10 years.
Conditions For Bail In Non-Bailable Offenses
An accused does not have the right to apply for bail in case of a non-bailable offence. The power to release a person on bail in a non-bailable offence lies with the court. Section 437 of the CrPC lays down the power of court to grant a bail to a person even in a non-bailable offence.

Non-bailable offences under the IPC include sedition, waging or attempting to wage war against the government, counterfeit of Indian currency, adulteration of drug, murder (Section 302), culpable homicide not amounting to murder (Section 304), dowry death (Section 304B), abetment of suicide, abetment of suicide, abduction of child under 10, trafficking of person, rape (Section 376), cruelty by husband or his relatives (Section 498A), etc
If the accused is a woman or child, bail can be granted in a non-bailable matter.
If there is a lack of adequate evidence, the court can grant a bail in non-bailable offence on discretion.
If there is a delay in registering the FIR by the complainant.
If the person accused is physically or gravely sick.
If there is some corroboration as to personal animosity between the accused and the person who filed the criminal matter.