Bail Definition Law In India In King

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State:
Multi-State
County:
King
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

Definition of Bail Jurisprudence In India, bail jurisprudence is primarily governed by the Code of Criminal Procedure, 1973 (CrPC), which lays down procedures and conditions for granting bail.

Bail in India: Meaning, Types, Conditions: The Constitution of India states that bail is the right of a person i.e. Bail and not Jail. This clearly states that the person, who is accused and charged for any civil or criminal offenses, has the right to apply for the bail.

The bail bond amount is determined by a judge based on several factors, including the severity of the alleged offense, the defendant's criminal history, and the perceived risk of flight. For more serious charges, a judge may set a higher bail.

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.

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.

- 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.

Include details about the FIR (First Information Report), if applicable, and any other relevant documents related to the case. Grounds for Bail: Clearly state the grounds on which bail is being sought. This could include factors such as: No previous criminal record. Cooperation with the investigation.

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.

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Bail Definition Law In India In King