Bail granted by Court

The discretionary power of the Court to grant bail is judicial power and is given by established
principles.

Before granting bail....
the Court must consider the seriousness of the charge,
the nature of the evidence,
the severity of the punishment prescribed for the offences and
in some cases the character, means and the status of the accused.


The following special grounds for release must be mentioned in the application:
Condition and state of accommodation;
whether there is a possibility of eviction in case bail is not granted;
Whether he is likely to lose his job;
How refusal of bail would create hardship to the dependent members of the family;
How keeping in custody would affect the poor state of health and treatment.


General objections by POLICE @ time of  bail  against  accused [ for bargaining bribes]
The accused will not appear at his trial;
He will interfere with witnesses or material evidence;
He will commit further offences while on bail;
Police enquiries are not complete;
Further charges might follow;
Stolen properties have not been recovered;
The co-accused are absconding;
The weapons with which the crime was committed has not been recovered.
Normally the police make an application for the remand of the accused.
In such an application they give their reasons for further detention of the accused in custody. The
reasons given by the police must be refuted to the extent possible.



Conditions for Bail
The Magistrate may grant a bail:
Without any condition
Subject to special conditions;
Subject to bond with or without sureties.
Special conditions usually state that the accused person must report to the police station at
specified times or surrender his passport.
One can challenge in a Court any unreasonable condition imposed by the Magistrate.
If the Court refuses to change the conditions, the accused person can reject them.
But in that case he will not be released until his appeal is heard and disposed of in his favour.