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BAIL APPLICATION

SUBMITTEDTO: MS. NEHASINHA

(FACULTY-DPC)

SUBMITTEDBY: MR. LUCKYRAJPUROHIT

ROLLNO. - 64SEMESTER-VIII, BATCH- XII

DATEOFSUBMISSION: !TH FEBRUARY, "#6.

HIDAYATULLAH NATIONAL LA$ UNIVERSITY

RAIPUR (CHHATTIS%ARH).

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ACKNOWLEDGMENT

First, the Researcher extends his profound gratitude and thankfulness to Ms. Neha Sinha

Faculty for DPC, who gae an opportunity to the researcher to work on the gien topic and li!it

hi!self as per his co!fort. She also steered the researcher in getting through this ro"ust #o" of

co!pleting this assign!ent.

Secondly, the Researcher would like to extend his earnest thankfulness to the $% Co!!ittee

which proided re&uisite !aterial for the topic.

Lastly, the Researcher lengthens his thanks to Faculty of 'i"rary and all the students of the

seenth se!ester who proided useful inputs during the classroo! discussion of the topic and for

the shore up and co(operation they proided with.

$ also take this opportunity to thank all those people who contri"ute in their own s!all ways "ut

fail to get a !ention.

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RESEARCH METHODOLOGY

%his research pro#ect is descriptie and analytical ) doctrinal in approach. $t is largely "ased on

secondary and electronic sources. %horough use of the aaila"le "ooks has "een !ade whereer

necessary.

$n this era of cy"er age the potentiality of the internet resources cannot "e under!ined.

Conse&uently, researcher has referred to the internet resources in the releant portions of this

pro#ect.

OBJECTIVES

%o understand the concept of *ail under CRPC

%o learn to write a *ail +pplication

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TABLE OF CONTENTS

SL. NO TOPIC PAGE NO.

. What is Bail-

/. Fo!aliti"s #o th" #$l#ill!"%t o# &a%t o# 'ail 0

1. Bail A((li)atio% #o!at 2

3. Co%)l$sio%

. Bi'lio&a(h* 0

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C H A P T E R I + WHAT IS

BAIL,

%he purpose of arrest and detention of a person is pri!arily to !ake sure that the person appears

"efore the court at the ti!e of trial and if he is found guilty and is sentenced to i!prison!ent, he

!ust "e !ade aaila"le to sere his sentence. 4oweer, if it is reasona"ly eident that the person

charged with an offence can "e !ade aaila"le for the a"oe !entioned purposes without keeping

hi! i!prisoned, then it is unfair to keep hi! in custody until his guilt is proen. $t is a iolation of

a person5s funda!ental right to restrict the person5s li"erty without any #ust cause.

*ail is one such !echanis! which is used to ensure the presence of an accused wheneer re&uired

"y the court. CrPC does not define the ter! *ail, "ut essentially, *ail is an agree!ent in which a

person !akes a written undertaking to the court. + person who is in custody, "ecause he or she has

"een charged with an offence or is inoled in pending cri!inal proceedings, !ay apply to "e

released on *ail. Nor!ally, in signing a "ail agree!ent a person undertakes that he will "e present

eery ti!e the !atter is in court until the proceedings are finished, will co!ply with any conditions

set out in the agree!ent as to conduct while on *ail, and will forfeit a specified su! of !oney if

the person fails, without proper excuse, to co!ply with any ter! or condition of the agree!ent.

%wo authorities that !ay grant "ail are the police and the courts. + person !ay "e re&uired to

proide a security as well. *ut it is not necessary. + person !ay also "e let off on his own "ond. $n

the case of Moti Ra! -s Stat" o# MP+$R 678SC held that a *ail coers "oth release on one5s

own "ond with or without surety.

+n offence can "e classified as a *aila"le or a Non(*aila"le offence. $n general, a "aila"le offence

is an offence of relatiely less seerity and for which the accused has a right to "e released on "ail.

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9hile a non("aila"le offence is a serious offence and for it, the accused cannot de!and to "e

released on "ail as a right. More specifically,

Section /:a; defines *aila"le and =non("aila"le offence= !eans any

otheroffence.

$nteresting thing is that the definition itself does not refer to seriousness of the offence. $t si!ply

!akes those offences as "aila"le which are listed as so in the First Schedule of Cr P C. %hese

offences include offences such as o"structing a pu"lic serant fro! discharging his duties, "ri"ing

an election official, and proiding false eidence. Non("aila"le offences include offences such as

!urder, threatening a person to gie false eidence, and failure "y a person released on "ail or "ond

to appeal "efore court. 4oweer, a &uick look at the list of "aila"le and non("aila"le offences

shows that "aila"le offences are of relatiely less seerity.

C H A P T E R II + / FORMALITIES FOR

THE F0LFILEMENT OF GRANT OF

BAIL,

+ person accused of a "aila"le offence can de!and to "e released on "ail as a !atter of right. %his

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is proided for "y Section 310.

S")tio% 123 / 9hen any person other than a person accused of a non("aila"le offence is arrested or

detained without warrant "y an officer in charge of a police station, or appears or is "rought "eforea court, and is prepared at, any, ti!e while(in the custody of such officer or at any stage of the

proceeding "efore such court to gie "ail, such person shall "e released on "ail.

Further, such officer or court, if he or it thinks fit, !ay, instead of taking "ail fro! such person,

discharge hi! on his executing a "ond without sureties for his appearance.

S")tio% 45678i!poses an o"ligation on the police officer to notify the detained person a"out his

right to get "ail if he is detained on a "aila"le offence.

%he right to "ail cannot "e nullified "y i!posing a ery high a!ount for "ail. Section 332:;

specifically proides that the a!ount of "ail cannot "e unreasona"ly high.

+n a!end!ent to Section 310 !andates that an indigent person, who is una"le to proide any "ail

a!ount, !ust "e released. $f a person is una"le to proide "ail a!ount for a week, then he can "e

considered indigent.

S")tio% 123 Aallows a person to "e released on his own surety if he has already spent half the

!axi!u! sentence proided for the alleged cri!e in #ail. 4oweer, this does not apply if death is

one of the punish!ents specified for the offence.

?xecution of "ond "y the arrested person hi!self. Such "ond is executed without surety.

*ut nothing in CRPC preents !agistrate to order for execution of "ond with surety. So

according to the fact and circu!stances of the case, if the !agistrate dee!s fit, he can order

to execute "ond with surety.

9hen "ond is executed "y the arrested person, he is duty "ond to appear "efore the Court as

and when re&uired.

WHEN BAIL CAN BE REF0SED IN BAILABLE OFFENCE, 9hen any person is released on "ail u@s 310 of CRPC, he is duty "ound to appear "efore the

Court as and when re&uired or directed. $f he "reaches the condition of "ond executed "y

hi! and does not appear "efore the Court, then he can "e re(arrested then he cannot clai!

"ail as a !atter of right though the offence co!!itted "y hi! is "aila"le in nature.

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NON/BAILABLE OFFENCE

S")tio% 129 /9hen any person accused of, or suspected of, the co!!ission of any non("aila"leoffence is arrested or detained without warrant "y an officer(in(charge of a police station or appears

or is "rought "efore a Court other than the 4igh Court or Court of session, he !ay "e released on

"ail. $f it appears to such officer or Court at any stage of the inestigation, in&uiry or trial, as the

case !ay "e, that there are no reasona"le grounds for "elieing that the accused has co!!itted a

non("aila"le offence, "ut there are sufficient grounds for further in&uiry into his guilt, the accused

shall "e released on "ail, or, at the discretion of such officer or Court, on the execution "y hi! of a

"ond without sureties for his appearance. + police officer or the court !ay also release a person

fro! custody if he feels that there are any special reasons. *ut he !ust record his reasons in writing

I% Moti Ra! - Stat" o# MP:

Austice Brishna $yer held that, in non("aila"le offence "ail is rule and #ail is exception. 4e further

concluded that, "ail application should "e re#ected only when it is of ut!ost necessity to keep the

accused in #ail in the interest of #ustice. %his approach is "ased on refor!atie theory of

punish!ent.

enerally, in Non(*aila"le


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Moreoer Section 317 lays down certain circu!stances where the arrested person !ay "e released

on "ail een if the offence co!!itted "y hi! is non("aila"le.

. $f the inestigation is not co!pleted within a period of 02 days :su!!ons; and 62 days:warrant;, then accused has to release on "ail.

/. 9hen arrested person is wo!an or a"oe 02 years of age.

1. 9hen arrested person is suffering fro! serious disease.

3. 9hen the trial is for non("aila"le offence, "ut eidence shows that it is "aila"le offence.

. $f the circu!stances, nature and facts of the case does not allow the accused to "e released

on "ail, then the "ail application will "e re#ected

SPECIAL POWERS OF HIGHT CO0RT AND CO0RT OF SESSION REGARDING BAIL

S")tio% 12; gies special powers to 4igh Court and Court of Session regarding "ails. %hese are as

follows )

. + 4igh Court or Court of Sessions !ay direct that any person accused of an offence and in

custody "e released on "ail. $t !ay also i!pose any condition which it considers necessary.

$t !ay set aside or !odify any condition i!posed "y a Magistrate when releasing any

person on "ail.

/. %he 4igh Court or the Court of Sessions shall, "efore granting "ail to a person who is

accused of an offence which is tria"le exclusiely "y the Court of Sessions or which,

though not so tria"le, is punisha"le with i!prison!ent for life, gie notice of the

application for "ail to the Pu"lic Prosecutor unless it is, for reasons to "e recorded in

writing, of opinion that it is not practica"le to gie such notice.

1. + 4igh Court or Court of Sessions !ay direct that any person who has "een released on "ail

under this chapter "e arrested and co!!it hi! to custody.

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C H A P T E R I I I +

BAIL APPLICATION FORMAT

A((li)atio% $%


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0. %hat the applicant is willing to furnish surety and "ail "onds to the satisfaction of this learned

court in case he is ordered to "e released on "ail. %he applicant is also willing to #oin theinestigations and "ind hi!self "y the ter!s and conditions laid down "y the law or "y this 4on5"lecourt. $t is further su"!itted that the applicant is not at all re&uired for the inestigations. 4oweer,

if the applicant is re&uired for inestigation, the applicant@accused undertakes to "e present as and

when re&uired in accordance with the law.

7. %hat neither any recoery is to "e effected fro! the applicant nor the applicant is in a position to

te!per with the prosecution eidence. %he applicant will associate with the inestigation wheneer

re&uired to do so.

$t is, therefore, !ost respectfully prayed that>(

:a; %hat the applicant !ay "e ordered to "e released on "ail and this application for "ail !ay kindly

"e allowedG

:"; %hat till the decision of this application interi! "ail !ay "e granted to the applicantG EEEEE

:c; %hat the directions !ay "e issued to the police to get the applicant@accused !edically exa!inedat the i!!ediatelyG EEEEE

:d; Such other orders "e also passed in faour of the applicant as dee!ed fit and proper in the facts

and circu!stances of the case and in the interest of #ustice.

Coi!"atore +pplicant

EEEEEE %hrough, +docate

Note>(

. %his application is filed through the EEEEE father and next friend of the applicant@accused, Sh.

EEEEEE . $t is, therefore, prayed that the application of the applicant@accused !ay kindly "e allowed

and the applicant@accused !ay kindly "e released on interi! "ail in the interest of Austice.

/. %hat the applicant@accused is under police custody. %herefore, the re&uire!ent of affidait and

signature !ay kindly "e dispensed with.


EEEEEEE %hrough, +docate

$N %4? C


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Respondent

+ffidait in support of the application under Section 310 of CrPC

$, EEEEEEE, do here"y sole!nly affir!s and declare as under>(

. %hat the acco!panying application under section 310 CrPC has "een drafted at !y instance and

under !y instructions.

/. %hat the contents of paras to EEEEEE are true and correct to the "est of !y knowledge.

1. %hat $ further sole!nly affir! and declare that this affidait of !ine is correct and true, no partof it is false and nothing !aterial has "een concealed therein.

+ffir!ed here at Coi!"atore on EEEEEE.

Deponent

A((li)atio% $%


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the fa!ily.

3. %hat "y getting the applicant@accused arrested the applicant has "een depried of his alua"le

funda!ental right of li"erty "y a"use of powers and process of law "y the co!plainant. EEEEE

. %hat the applicant is willing to furnish surety and "ail "onds to the satisfaction of this learned

court in case he is ordered to "e released on "ail.

$t is, therefore, !ost respectfully prayed that the applicant !ay kindly "e ordered to "e released on"ail and this application for "ail !ay kindly "e allowed in the interest of #ustice. Such other orders

"e also passed in faour of the applicant as dee!ed fit and proper in the facts and circu!stances of

the case and in the interest of #ustice.



Note>(

. %his application is filed through the EEEEE father and next friend of the applicant@accused, Sh.

EEEEE. $t is, therefore, prayed that the application of the applicant@accused !ay kindly "e allowedand the applicant@accused !ay kindly "e released on interi! "ail in the interest of Austice.

/. %hat the applicant@accused is under police custody. %herefore, the re&uire!ent of affidait and

signature !ay kindly "e dispensed with.



$N %4? C


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. %hat the acco!panying application under section 317 Cr.P.C. has "een drafted at !y instance

and under !y instructions.

/. %hat the contents of paras to EEEEE are true and correct to the "est of !y knowledge.

1. %hat $ further sole!nly affir! and declare that this affidait of !ine is correct and true, no part

of it is false and nothing !aterial has "een concealed therein.

+ffir!ed here at Coi!"atore on EEEEEE.

Deponent


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C H A P T E R I V+ /

CO N C L 0 S ION

$t is of pri!e significance to note that the ery concept of "ail arises fro! a presu!ption, of the

accusatorial syste!, of Hinnocent till proen guilty.I +s such an indiidualIs personal li"erty which

is a funda!ental right under +rticle / of the Constitution, cannot "e co!pro!ised until he@she is

conicted and thus proen guilty. %hus he@she is allowed to furnish security :in the for! of "ail; to

secure the accusedIs presence for trial while ena"ling hi!@her to retain his@her personal li"erty.

4oweer, as was "rought to light, in fa!ous 4ussainara Bhatoon case, personal li"erty as

operating within the do!ain of the cri!inal #ustice syste! re!ains the cherished prerogatie of the

rich. 9hile those who can ill afford legal counsel to infor! the! to their right to "ail. :i.e. in non(

"aila"le offences( section /:a; Cr.P.C.; and conse&uently are una"le to pay the a!ount, are

relegated to languish in prisons, often for ter!s longer than the period of punish!ent prescri"ed

for the offence they are charged with. %hus in order to extend the funda!ental right of personal

li"erty under +rticle / of the Constitution, to een the econo!ically weaker sections of the

population :who for! a !a#ority of the prison population;, the right to free legal aid !ust "e !ade

a constitutional right. %hus the decision in the sa!e case, also in M. 4. 4oskot . State of

Maharashtra !aking legal aid a constitutional !andate under +rticle / is welco!e in paing the

way towards upholding hu!an rights in cri!inal #urisprudence.

4oweer in order to ensure oneIs right to a speedy trial(and thus conse&uently !ini!u!

infringe!ent on the accusedIs right to personal li"erty an oerhaul of the cri!inal #ustice syste! in

its entirely is called for. + !ere e!phasis on inestigation !achinery "y prescri"ing a ti!e li!it as

per section 07:/; Cr.P.C. will not suffice to attain the desired o"#ect. Moreoer it is interesting to

note that on lapse of the prescri"ed period "ail as of right accrues to the accused, een if he is a

accused of a grae, heinous non("aila"le offence and in other circu!stances would hae definitely

"een refused to "ail. %hus the "acklash of section 07:/; as well as its possi"le effectieness ought

to "e considered in the light of its o"#ect of ensuring a right to speedy trial under +rticle / of the

Constitution.

%hus the law of "ails !ust continue to allow for sufficient discretion, in all cases, to preent a

!iscarriage of #ustice and to gie way to the hu!aniJation of cri!inal #ustice syste! and to

sensitise the sa!e to the needs of those who !ust otherwise "e conde!ned to languish in prisons


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for no !ore fault other than their ina"ility to pay for legal counsel to adise the! on "ail !atters or

to furnish the "ail a!ount itself.


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BIBLIOGRAPHY

CODE OF CRIMINAL PROCED0RE :;92

WEBLIOGRAPHY

HTTP+==DEVGAN.IN=CRIMINAL>PROCED0RE>CODE=CHAPTER>22.PHP

HTTP+==HAN0MANT.COM=CRPC/0NIT3/OFFENCEBAIL.HTML
http://devgan.in/criminal_procedure_code/chapter_33.phphttp://hanumant.com/CrPC-Unit6-OffenceBail.htmlhttp://hanumant.com/CrPC-Unit6-OffenceBail.htmlhttp://devgan.in/criminal_procedure_code/chapter_33.php

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