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HOW TO GET BAIL IN INDIA

 

 

Straight. There is no straight-jacket formula, if the judge is satisfied with the arguments and legal position on issues and offences involved, you can get it on the first date. Obviously after issuing notice to the state first and then deciding the bail.

The recent one is of Vikas Barala who failed on four occasions before Trial court and ultimately on the completion of cross examination of Vernika Kundu (victim) was granted bail from High Court of Punjab and Haryana. So it all depends ..............……  On what exactly? Let’s see:

  1. Nature of offences- Bailable/Non Bailable, Crime against woman, society, elder-aged, mentally unstable, kids, children, teenagers and other vulnerable sections of the society, it is a great difficulty to get bail unless you show to the court that you have been implicated falsely. Custodians of the law will refrain to send any wrong message to the society.
  2. Stage of Investigation- Before/After Challan, Chargesheet filed, issues framed or before framing of issues, Cross examination of victim already done so that no inducement can be done or any alteration can be done in the course of investigation. This exactly was the case of Vikas Barala. The most important factor for granting bail certainly.
  3. Purpose Of Keeping in Accused in Jail- The best Criminal Lawyers and Advocates will certainly raise arguments around this issue only. Infact the billion dollar question for which people will pay lakh of Rupees for just appearances towards lawyer’s bill.
  4. Past Antecedents- Show to the court that you belong to a reputed family with no criminal background and the case is just to harm the reputation of the accused involved or it is due any animosity the case has been registered. The conduct, profession and welfare activities can also be used as a savior to get bail but again it should not go out of context. There is no golden rule that people from good families don’t commit crimes. Make your case here.
  5. Pledge of non-interference- You will not interfere or give any threat to victim or anyone concerned what so ever it may be. Zero indulgence in moving case your way by putting pressure by any means. Often Regular Bails, Anticipatory Bails and Interim Bails are granted solely on this point but you must give assurance of the compliance of the pledge herein taken. Courts go really hard on offenders once it is proved they tried to play with the system.
  6. Assurance of your presence- That you will not go to Nepal or abroad and attend the court proceedings as and when required unless you seek exemption through pleader. Court may ask you to furnish any amount of surety or conditions to surrender your passport. Be ready to say yes once the court grants you bail on any condition.
  7. Final Money/Surety- Unless, you pay the bail bonds or put someone for you on surety for requisite amount, you will never get bail from courts in India. It is a clear mandate of law. The amount ufcourse depends on the satisfaction of judge. If you can’t give then forget about BAIL.
  8. Can I add one more. YES as I am the writer of this post. An intelligent and competitive lawyer who can get bail from the court has to be picked first and that is where intuition applies. Never hurry in choosing a lawyer in criminal matters as you would have to spend few or many days in jail which no ethical lawyer wants for his client. Rest, it is all upto your wisdom that brought ou to this post.

 

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Whether you are going online way or browsing website like Lawrato, JustDial, Sulekha or even LegalSeva, you must take a paid appointment and settle down on professional advice.

The key to choose best or top criminal lawyer of Punjab and Haryana High Court also remains whether the advocate or lawyer has dealt with the similar matters in the past or not.

Don’t just go by word of mouth only, run a reference check or read reviews of the Bail Lawyers in Chandigarh, Panchkula, Mohali, Zirakpur as well before you engage anyone.

For any subject specific advice or reference you may write to satish@legalseva.net or simply dial 9988817966 to say Hi! 

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