Bail application

How can we apply for a bail in high court ?

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Hello Vikas Phogat,

One can directly file for bail in the High Court. So when a person is convicted of a crime, he has a right to apply for bail. While applying for the bail, it depends upon at which level the case is.

If a person apprehends that he can be arrested in this case, he can file an anticipatory bail application.

If the person is arrested, the first thing is to call the criminal defense attorney and apply for bail.

In the case of a bailable offense, the accused has to file an application by filing the Form-45 which is provided in the second schedule (Bail Bond). This has to be filed in the court where the case proceedings are to be heard. The court has to approve the bail. 

In case of non-bailable offense, the suspect has to fill up the same form and file it in the court where his case is to be presented, the only change is that here the court has the discretion to grant bail.

Furthermore, every bail application should stand as distinct, as every case has different scenes and many uncommon facts.

I hope this answers your question.




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