If police arrests you at night, how can one apply for bail?

Businessman

If cops arrests someone at night, how can one apply for bail as courts are closed at night and will reopen only in the morning, that too if it is not a holiday? Does it mean that the person arrested has to spend entire night in jail and wait for the morning for court to open so that bail can be applied?

 

P.S. : Mr./Ms. Sudhir Kumar and his/her supporters, pls refrain from answering as your answers have no bases and are not properly reasoned by quoting sections and laws. This is a legal platform and not a temple for irrational theists like you were you will quote irrational moral couplets instead of acts and sections.

 
Reply   
 
instructor

If it is a bailable offence then the accused will get it from the police station by the sho, if it is non bailable offence then accused have to wait till the court open .
 
Reply   
 


ADVOCATE./LAWYER

sir, kindly note that. 1.You may submit surety documents with your surety present in person, police can accept surety and release on bail if minor offence and bailable one.You submit copy of election card, ration card, and property extract or salary slip of incometax payer surety and photographs of accused and surety.Police will take signatures on bond and may release accused in case of bailable offence. 2.In case of nonbailable and serious offence the arrested accused will be produced in court in 24 hours and advocate for accused should file vakalatnama on behalf of accused and oppose police custody application of police and once accused is taken in magistrate custody by court, advocate for accused can file bail application of accused ,court will call say of state and police and once bail is allowed then adocate of accused should produce surety and relevent abovementioned documents on behalf of accused and court if satisfied will order release of accused on bail. Good Luck. N.B.Sawant, Advocate High Court,
 
Reply   
 
ADVOCATE./LAWYER

sir, kindly note that. 1.You may submit surety documents with your surety present in person, police can accept surety and release on bail if minor offence and bailable one.You submit copy of election card, ration card, and property extract or salary slip of incometax payer surety and photographs of accused and surety.Police will take signatures on bond and may release accused in case of bailable offence. 2.In case of nonbailable and serious offence the arrested accused will be produced in court in 24 hours and advocate for accused should file vakalatnama on behalf of accused and oppose police custody application of police and once accused is taken in magistrate custody by court, advocate for accused can file bail application of accused ,court will call say of state and police and once bail is allowed then adocate of accused should produce surety and relevent abovementioned documents on behalf of accused and court if satisfied will order release of accused on bail. Good Luck. N.B.Sawant, Advocate High Court,
 
Reply   
 

Very nicely explained by Adv. Sawantji. Nothing much to add. It would be good if citizens of this country put pressure on their Hon'ble members of Parliament to amend Cr.PC so that police cannot arrest anyone between sunset and sunrise. Exception only when police needs to arrest for stopping a crime in progress.

 
Reply   
 

Better to stay away from home when you have doubt of getting arrested

 
Reply   
 
Advocate

if offence is cognizable than arrest will be followed by FIR an if it is non-cognizable police can not arrest without warrent.  So if you have apprihention of arrest in a cognizable offence you can apply anticipatory bail and you may be granted bail before arrest or if there is no FIR than court may order for prior notice arrest to consern PS

 
Reply   
 
Advocate

Originally posted by : defencelawyer19@outlook.com

if offence is cognizable than arrest will be followed by FIR an if it is non-cognizable police can not arrest without warrent.  So if you have apprihention of arrest in a cognizable offence you can apply anticipatory bail and you may be granted bail before arrest or if there is no FIR than court may order for prior notice arrest to consern PS

if you want to get bail at night you may apply bail application before residence of Duty Magistrate alongwith your urgency

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x