Grounds of Bail - Arguments in bail

This article is written by Krishnaraj Choudhary, Student of  Dr. Anushka Law College Udaipur. The author in this article has discussed the concept of  Procedure of Bail.

 

Grounds of Bail - Arguments in bail. Procedure of Bail in Court. How to get bail in Court. Sections 437, 438,439 of CrPC.

How to get bail & how to convey the Judge ?

 

Bail is a description which is the will of the court or the court has to see the facts, your defense is also heard by the court, after that the court decides whether to give bail in this case or not.

Friends, how to argue on the bail. Let's Know, There are three copy files of the bail. One goes to the court, the other goes to Public Prosecutor prosecutor i.e. the public prosecutor, the third copy is sent to the IO Investigating Officer, the policeman, to the police station. On which the policeman brings his report, the Investigation Officer files his report on the Bail Application. Unless the chargesheet has been filed, that is, before the filing of the chargesheet, if any bail is imposed, then the investigation officer will file his police report on the copy which goes to the police station.

Also, Public Prosecutor oppose your bail, they will oppose your bail and when it is a case related to a girl, there is a case of molestation or POCSO Act or if there is a complainant against a woman, the victim is a woman in such a situation. May also call the Court Complainant.

 

This instruction is given to the Investigation Officer that you inform the complainant in this case that there is a bail on the accused that if the complainant wants to come, then he should come and keep his point on it. In this way, three people are standing against you, Public Prosecutor, Investigation Officer, Complainant. If the complainant is a woman, then in a normal case, the complainant himself has to get information about the bail being imposed and if he comes before the court, then he is not given the information, then tell you how to argue on the bail in such a situation. After all, what grounds should you take that you can get bail?

In some FIRs, there is an allegation on you, you must mention them that you have this allegation in the FIR, this is the story of the FIR. Gone and let me be bail If there is a proper drafting in this way, all the things are your defense, it should come, if you have any documents in your favorite, you think that you have those documents and you can take them on the basis, then those documents are also bail application. you should put with. 

Now talk that when all this situation comes on the bail, now the bail is being filed online as well, then there may be no need to give a copy, but at the time of hearing, when there is a debate on the bail in the court, then you have to keep your point. Grounds have to be taken and the court considers that grounds, now we talk about those grounds, one is your own fact, the information you have, you keep those things related to the case that the police have arrested it from the wrong place in a wrong way. Arrested in the wrong case, false allegations have been made against him and how are those allegations false, I have kept my words related to it. In . Your explanation is done, the second most important thing is that you have to convince the court by giving emphasis. If no case is already registered against you, in any other case you are criminal, no trial is going on against you, you have never been convicted in any other case, then this is a plus point for you, it is a very important point for you. To say that there is never any criminal case against me, this is the first case and I am being implicated in this. This is an important ground for bail to convene the court.

The second thing is that the main purpose of bail is that if you are granted bail, then you will appear in the court, you will keep coming on the court date, you will attend the court, then here also the judge has to make a convention, he has to explain. That you have a reputation in the society, people know you that you have your own house here or you have been living on rent for so many years so that it seems that you are a stable person, you have a position in the society and if you are given bail then you will not run anywhere. you will go to court.

Third thing is you sound security means you make this convention to the court to the judge, you explain to them that if bail is given, then I will bring a good security to a surety who will have documents and that sound security can be summoned by the court at any time. Maybe if I don't appear in court

The fourth ground is that if I am kept in jail, will I get back these days spent in jail, if I am acquitted later, the court gets me out of this case, then what are the days spent in my jail I will get it back, if it is not possible, then the court has to make a convention for this thing that it is the matter of trial, my words will come in trial, the process of the case will be testimony, I will keep my truth, I will be thrown out of jail so that I can I can put my point of view firmly in the court to the defense and can give proof of my innocence. Friends this is also very important point

 

Apart from all this, keep in mind that in 437, the application of bail is made with the magistrate, in 438 the application of anticipatory bail is imposed in the sessions court and the high court, in 439, there is a separate provision for imposing bail, if one bail is dismissed, then after In the above court, if the magistrate rejects the bail, then you can impose bail in the sessions court, if the sessions court rejects the bail, then you can impose the next bail in the high court, if the high court rejects the bail, then you can get the bail in the Supreme Court. If you can, you also have a way forward for the bail, don't be disheartened if the bail is rejected, continue your fight, you can also put a bail in the same court if the situation changes.

Now let's talk with these grounds, if you argue in court, you have to keep in mind that the public prosecutor will reject you points, if you have their points, if the investigation officer is the investigation officer, then the investigation officer will keep his points. The investigation officer is important because the investigation is still going on in the case and while the investigation is going on, the investigation officer can say that now we have to find it, if it is found, then it can affect our investigation, then these things You should also have the answer that the judge will not affect the investigation, what is the reason for this and this case is not very much affected by the investigation, you must read your section, if you have imposed bail, then how many years the punishment in that section How many maximum punishments can be given in the section, this is also an important issue, whether it is a session trial or a magistrate trial, it is also to be seen that on these things also the judge has to make a convention that sir it is mostly a magistrate trial and in these If the punishment is less, then it is not right to keep me in jail for so many days, I should be granted bail, if it is a serious crime then you can also keep your point on the serious crime, you can show that in which case it is the whole case or its The situation which is going on is not against me and some things You can also ask the Investigation Officer, this is some very important issue, along with this try to influence the judge, he also understands that sympathy with the law is also seen in Bell's case.

It is the responsibility of the family on you, whether you have children or whatever is the responsibility of the parents, must write these things in the bail application and during the debate in the court, definitely mention these things and tell the judge that Sir, I have the responsibility of the family and I am ready to face trial, in view of these responsibilities of mine, my family will travel because of me, this is an important point which you have to mention.

Written By - KR Choudhary