What is the Procedure to Get Bail in India? | By Ishan [Hindi]

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What is the Procedure to Get Bail in India? | By Ishan [Hindi]

For Bailable Offences - the accused will be allowed to apply for bail immediately. Instant Bail shall be on Furnishing the bail amount.

For Non-Bailable offences - the accused may have to wait for 48 hours to claim his or her right in the court.

Hearing in the Court

A bail hearing is not a hearing on the merits of the matter itself and does not go into the issue of guilt. Therefore granting of bail is the norm except in cases where specific grounds are made out based on which the bail can be refused.

The granting of bail is usually considered to be an inherent right. However, there are certain circumstances where bail may be refused – these are related to Non Bailable Offences.
In non-bailable offences accused may be granted bail if competent authority deems it fit. The relevant circumstances should be presented to show to the Court that bail would not harm further process of trial and justice.

The amount the accused may have to deposit with the court will be at the discretion and decision of the judge.

For certain smaller crime cases, a standard amount is set by convention and practice which needs to be deposited for awarding the bail.

Otherwise in the interests of Justice.

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