How do I apply for court bail?

The accused applies for bail orally in the Chief Magistrates Court. The Notice of Motion must be supported by an affidavit stating clearly the grounds on which the application is based. The application will be served on the prosecutor who then files an affidavit in reply.

Where do I file bail application?

Bail, where filed. — (a) Bail in the amount fixed may be filed with the court where the case is pending, or, in the absence or unavailability of the judge thereof, with another branch of the same court within the province or city.

Which court can grant anticipatory bail?

According to Section 438 of CrPC, a person having committed an offence anticipates his arrest wherein he can approach the High Court or the Sessions Court for anticipatory bail. It is at the discretion of the Court whether to grant bail or reject the same.

When anticipatory bail is filed?

Under section 438 of Criminal Procedure Code, 1973(Cr. P.C) if a person is likely to be arrested can apply for anticipatory bail for the crime he did not committed but it should be before he is arrested to appear before court, to apply for the anticipatory bail application and prove his innocence.

When can bail application be made?

The period of 90/60 days is the total period of custody – police custody and/or judicial custody – that can be authorized by the magistrate. In the case of Union of India V Nirala Yadav13 our Hon’ble Apex court held that Magistrate should decide the application for statutory bail on the same day it is filed.

What are the types of bail?

Broadly speaking there are three categories of bail and they are- i] bail in bailable offences, ii] bail in non bailable offences, iii]anticipatory bail, BAIL IN BAILABLE OFFENCES, Section 436 of the Code of Criminal Procedure deals with provisions of bail in bailable offences.

What is first bail application?

The bail format India under Section 437 of the Code of Criminal Procedure is filed before the court of the concerned Magistrate first who is also called the Ilaka Magistrate. The bail format India under Section 437 of the Code of Criminal Procedure is filed after the arrest of the accused by the police.

How many bail applications are there?

In case of a Bail (S. 439 of the Criminal Procedure Code) application- it can be applied as many times as an accused wants. There is no bar in the Code to not entertain the second/third application or any number of application for that matter.

What is the cost of anticipatory bail in India?

around Rs.25,000 to Rs.30,000
An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.

Can bail application be filed directly in High court?

Yes you can go to the high court directly for anticipatory bail. I provided the ld court would grant the hearing and then send t oder to be complied by lower or session court. Moreover its posibble in youe case to reject your plea as it has to be rejected by lower court.

When can bail be applied?

Bail Application When a person has been convicted for an alleged crime, he/she can apply for bail. In case of a bailabe offence, as has been stated above, the accused will have to file an application as Form – 45 provided in the second schedule.

How many days will it take to get bail?

it may take one week to 15 days for a bail application to be disposed by high court, especially if the police report is awaited then it may extend upto 1 month also. When bail application is rejected by the learned magistrate, the accused may file bail application before the Sessions Court or High Court.