Bail Definition Law In India In Bronx

Category:
State:
Multi-State
County:
Bronx
Control #:
US-00006DR
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Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

The Supreme Court on Tuesday (August 13) held that 'bail is the rule, jail is the exception' even in special statutes like the Unlawful Activities (Prevention) Act 1967. If the conditions in the special statute for the grant of bail are met, then bail should be granted, the Court stated.

Bail is a crucial component of the criminal justice system, balancing the interests of the state with the rights of the accused. In India, the concept of bail is rooted in the principle of presumption of innocence until proven guilty, which the high court or court of sessions upholds.

In India, bail is the legal mechanism that reconciles the accused person's right to freedom with the public interest of ensuring their appearance in court for trial. It involves the judicial release of an accused person from custody, subject to the condition that they will appear in court at a later stage.

In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.

Conditions for Grant of Bail in bailable offenses: Sufficient reasons to believe that the accused has not committed the offense. There is sufficient reason to conduct further enquiry in the matter. Not accused of any offense punishable with death, life imprisonment, or imprisonment up to 10 years.

Bail in bailable offence Section 436 provides for the release on bail of a person accused of a bailable offense. Section 436 of Cr. PC is mandatory in nature and the court or the police have no discretion in the matter. Any accused person arrested for a bailable offence willing to provide bail must be released.

- The accused must furnish a bail bond and sureties as directed by the court. - The accused must appear before the court on the designated dates to maintain their right to bail. - The accused must not tamper with evidence or influence witnesses, as this could lead to the cancellation of bail.

Bail Amount: The bail amount is set by the court and is typically a percentage of the alleged offense's maximum penalty. The higher the bail amount, the more expensive the bail application becomes.

To successfully apply for bail in the Indian judiciary system, the following documents are essential: - A comprehensive bail application. - Surety documents and bonds. - Copies of previous bail orders. - Relevant case details and evidence.

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Bail Definition Law In India In Bronx