Bail Definition Law In India In Travis

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State:
Multi-State
County:
Travis
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

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.

Depending upon the Judge/Magistrate, the documents required will be Ration Card, Aadhaar Card, Voter Id or Passport. Some Judges may insist on original RC Book of vehicle or property documents to be shown. Some Judges may insist on Government Workers to stand as surety.

Filing the Bail Application: The accused or their counsel files a bail application before the relevant court, along with necessary documents and a personal bond. Hearing: The court schedules a hearing for the bail application, during which arguments from both the prosecution and defence are presented.

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.

Types of Bail in India Regular Bail is applied for after an arrest, while Anticipatory Bail is applied for in anticipation of arrest. Both types of Bail require a formal application to be filed with the court and a bail bond, which is a monetary deposit made to the court as security.

Regular Bail is applied for after an arrest, while Anticipatory Bail is applied for in anticipation of arrest. Both types of Bail require a formal application to be filed with the court and a bail bond, which is a monetary deposit made to the court as security.

File the Application: Submit the anticipatory bail application to the appropriate court, usually the Sessions Court or High Court, depending on the jurisdiction. Ensure that the application is filed in the court with the authority to grant anticipatory bail.

After applying for bail before sessions court the government advocate will take time to file objections after considering the objections judge will decide to grant the bail by giving date to the order. Over all its one week to 15 days procedure.

What Is The Process Of Anticipatory Bail? Consult a Lawyer: Seek legal advice from a lawyer who specializes in criminal law. Draft the Application: Your lawyer will draft an application for anticipatory bail. File the Application. Pay Court Fees. Serve Notice. Attend the Hearing. Court's Decision. Follow Court Orders:

More info

The literal meaning of the word "bail" is surety. Bail, therefore, refers to release from custody, either on personal bond or with sureties.Bail refers to the provisional release of the accused in a criminal case in which the court is yet to announce the judgment. Bail is the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court. Bail is a judicial release of an accused person from custody, on the condition that the accused person will appear in court at a later date. Its true meaning is to deliver or hand over. The term "bail" is not defined in India's Criminal Procedure Code, 1973 (CrPC). The arrested person has a right to apply to the magistrate for bail if the offence is non-bailable. The term Bail exists because the Indian Judiciary believes that a person accused of a crime is innocent until proven guilty. However, bail is rarely granted.

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Bail Definition Law In India In Travis