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nitishshaw05@gmail.com   28 August 2021

quick bail proceser

how to bail a person in a day, in which sections bail are grants and not grants. how to a common people
arrange bail order


Learning

 3 Replies

Sankaranarayanan (Advocate)     29 August 2021

State the facts of case , if you need the section and all better to refer books

Ayush Patel   30 August 2021

Nitish first of all quit smoking weed and stop asking questions like an idiot..
and secondarily give some of your attention to studying the sections weather it is cognizable or not

minakshi bindhani   07 September 2021

Hello Nitish
As per your query let me brief you on some facts-
That you can not be granted bail in one day. There is a certain procedure to follow.

However, on which sections, bail can be granted. Bails are of various types. Here, your query seems vague. Therefore, I am only able to provide you with some textbook theories.
Depending upon the stage of the criminal matter, there are commonly 3types of bail in India:

Regular bail- A regular bail is generally granted to a person who has been arrested or is in police custody. A bail application can be filed for the regular bail under sections 437 and 439 of CrPC.

Interim bail- This type of bail is granted for a short period and it is granted before the hearing for the grant of regular bail or anticipatory bail.

Anticipatory bail- Anticipatory bail is granted under section 438 of CrPC either by session court or High Court. An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by the police for a non-bailable offence.
. Default bail: The period of custody can go beyond 24 hours if specified so by a special order granted under section 167. Bail granted by default due to non-completion of investigation is called default bail. Bail is often granted depending on various factors.

The court must take the following factors to be in consideration:

i)The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence.
ii) Reasonable apprehension of tampering of the witness or apprehension of threat to the complainant.
iii) Prima facie satisfaction of the Court in support of the charge.

If the court is not satisfied with any may reject the bail application. It always depends on the court's discretionary power.
Hope it clarifies your issues!
Regards
Minakshi Bindhani

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