Best Bail Lawyers in Delhi
Bail is a legal concept that refers to the temporary release of a suspect who has been arrested for any criminal offense, pending a court trial, after paying a bail bond. The bail bond is an amount of money that serves as a guarantee to ensure that the suspect appears in court when summoned. Once the bail amount is paid, the suspect is released from custody and is required to attend all subsequent court hearings. While for this procedure people need a bail lawyer in Delhi.
An offense is to any act or omission that is punishable by law. When a suspect is arrested, the police officer records the suspect’s statement and collects personal information such as name, birthplace, present residential address, date of birth, profession, address of the family, mobile number, and charges filed against the suspect. The police officer may also check the suspect’s past criminal record, if any, to aid in the investigation. Additionally, the officer may ask the suspect to provide fingerprints to file a case against the accused.The bail system is an integral part of the criminal justice system, as it serves to protect the rights of the accused and ensures that they are not subjected to extended periods of pretrial detention. The right to bail is recognized as a fundamental right in many countries, including India. However, the granting of bail is not an automatic right, and it is at the discretion of the court to decide whether to grant bail based on the circumstances of the case and the evidence presented by bail lawyer for bail in Delhi.
There are primarily three types of bail that can be granted in a criminal case and that is proceed by legal help of bail advocate in Delhi.
Regular Bail- This is a type of bail granted to a person who has been arrested and is in police custody or in jail. Regular bail can be granted to a person before the trial begins, or during the trial process, until the final judgment is delivered.
Anticipatory Bail- This is a type of bail that can be applied for in anticipation of an arrest. This is granted when the accused apprehends an arrest for a non-bailable offense. It is applied for in advance to avoid being taken into custody and is usually granted with certain conditions to ensure that the accused appears in court for trial.
Interim Bail- This is a type of bail granted for a short period of time during the trial process. It can be granted when the final decision is not immediately available and is usually granted for a few days or weeks. This type of bail is usually granted in emergency situations and can be canceled by the court at any time.
It is important to note that the granting of bail is subject to the discretion of the court, and each case is evaluated on its individual merits. The court takes into consideration factors such as the nature of the offense, the likelihood of the accused fleeing, and the possibility of tampering with evidence before deciding on the type of bail to be granted by the help of best lawyer in Delhi.
To obtain anticipatory bail in Delhi, an individual can follow the steps below:
Contact a lawyer: The first step is to find a lawyer who specializes in criminal law and has experience in handling anticipatory bail applications. The lawyer will help prepare and file the anticipatory bail application.
Gather evidence: The lawyer will ask the individual for relevant information and evidence to support the bail application, such as proof of residence, employment, and any other evidence that shows that the accused is not a flight risk.
Prepare the application: The lawyer will prepare the anticipatory bail application under Section 438 of the Criminal Procedure Code, which includes a detailed explanation of the circumstances of the case and the reasons why the accused should be granted anticipatory bail.
File the application: The anticipatory bail application can be filed before the Sessions Court or the High Court. In Delhi, it is recommended to file the application before the Sessions Court first.If the Sessions Court rejects the application, the accused can file the application before the High Court.
Attend the hearing: The lawyer and the accused must attend the hearing in court on the specified date. The judge will hear both sides and decide on whether to grant anticipatory bail.
If the court grants anticipatory bail, the accused will be protected from arrest for a specific period. If the court rejects the bail application, the accused can reapply after a specific time period.
To apply for bail in Delhi, you should hire a best lawyer for bail in Delhi, the following steps can generally be followed:
Hire a lawyer: The first step to apply for bail is to hire a lawyer who specializes in criminal law. The lawyer can help you understand the legal process, evaluate the strength of your case, and represent you in court.
File an application: The next step is to file an application for bail with the appropriate court. In India, bail applications can be filed in the High Court, Sessions Court, or Magistrate Court depending on the nature of the offense.
Provide required information: Along with the bail application, the lawyer will need to provide information such as the name of the accused, the nature of the offense, the reasons for seeking bail, and any relevant details that may support the bail application.
Attend the hearing: After filing the application, the court will schedule a hearing to review the bail application. It is important for the accused to attend the hearing with the lawyer.
Provide surety: In most cases, the court will require the accused to provide a surety, which is a sum of money or property deposited with the court as a guarantee that the accused will attend all court proceedings.
Wait for the decision: After reviewing the bail application and hearing arguments from both sides, the court will decide on whether to grant bail. If bail is granted, the accused can be released on bail after completing the necessary formalities. If bail is denied, the accused may have to remain in custody until the trial is concluded.
There are some important and landmark anticipatory bail judgments passed by the Supreme Court in the past including;
Gurbaksh Singh Sibbia v. State of Punjab (1980): In this case, the Supreme Court held that anticipatory bail should be granted as a rule, and not as an exception. It also laid down certain guidelines for granting anticipatory bail.
SiddharamSatlingappaMhetre v. State of Maharashtra (2011): The Supreme Court reiterated the guidelines laid down in the Sibbia case and held that anticipatory bail should be granted in cases where the accused is not likely to abscond or tamper with evidence.
P. Chidambaram v. Directorate of Enforcement (2019): The Supreme Court held that the grant of anticipatory bail does not limit the powers of the investigating agency to interrogate or arrest the accused.
Arnab Goswami v. State of Maharashtra (2020): In this case, the Supreme Court held that the grant of anticipatory bail is a discretionary power of the court, and that the court should take into account the facts and circumstances of each case before granting or rejecting anticipatory bail.
In the Indian legal system, offenses are classified into two categories: bailable and non-bailable. The type of offense determines the scope of getting bail. Here are the types of offenses and the scope of getting bail in them with examples and laws:
Bailable Offenses- Bailable offenses are those in which the accused has the right to be released on bail after arrest. The accused can apply for bail in Delhiat any time after the arrest. The court has the discretion to grant bail, and the accused needs to provide sureties or personal bonds to be released. Some examples of bailable offenses include minor offenses such as traffic violations, causing hurt without intent, and some economic offenses like criminal breach of trust.
Non-Bailable Offenses- Non-bailable offenses are those in which the accused does not have the right to be released on bail immediately after the arrest. The accused can only apply for bail in Delhiafter a certain period has passed. The court has the discretion to grant bail, and the accused needs to provide sureties or personal bonds to be released. Some examples of non-bailable offenses include serious offenses such as murder, rape, dowry death, terrorism, and waging war against the state.
Cognizable Offenses- Cognizable offenses are those in which the police can arrest the accused without a warrant. The accused can apply for bail at any time after the arrest. The court has the discretion to grant bail, and the accused needs to provide sureties or personal bonds to be released. Some examples of cognizable offenses include offenses under the Indian Penal Code like murder, rape, robbery, and theft.
Non-Cognizable Offenses- Non-Cognizable offenses are those in which the police cannot arrest the accused without a warrant. The accused can only apply for bail after a warrant is issued. The court has the discretion to grant bail, and the accused needs to provide sureties or personal bonds to be released. Some examples of non-cognizable offenses include minor offenses like defamation, assault causing hurt, and simple cheating.
The scope of getting anticipatory bail in Delhidepends on the type of offense, whether it is bailable or non-bailable and cognizable or non-cognizable. The accused must follow the procedure to apply for bail and needs to provide sureties or personal bonds. It is important to note that the discretion to grant bail lies with the court, and the accused needs to prove that he or she is not a flight risk and will not influence the investigation or tamper with evidence.
Vintage Litigation is a legal firm specializing in providing legal aid for cases related to bail. The firm has a team of highly experienced and knowledgeable lawyers who possess extensive expertise in the legal aspects of getting bail in Delhi. They can handle complex cases with utmost proficiency.
With years of practice in the field, Vintage Litigation has effectively represented numerous domestic violence victims in court. The firm’s attorneys are committed to ensuring that their clients receive justice and work tirelessly to provide strong representation in court.Whether you’re a victim seeking legal aid or you have been charged and want bail, Vintage Litigation can assist you. The firm’s bail advocates in Delhi are skilled and experienced in handling all aspects of such cases, including evidence gathering, representation in court, and negotiation with the opposing party.
The bail lawyers at Vintage Litigation not only have legal expertise but also understand the sensitivity of bail cases. They provide compassionate and empathetic support to their clients throughout the legal process. They are dedicated to offering their clients the best possible legal representation and work tirelessly to ensure their clients receive the justice they deserve.