Bail Lawyer in Delhi

Types of Bail Services We Provide Solutions in Delhi

What is Anticipatory Bail in Delhi?

Anticipatory Bail is a legal protection granted to a person who anticipates arrest for a non-bailable offense. In Delhi, a person can apply for anticipatory bail under Section 438 of the Criminal Procedure Code (CrPC) before the Sessions Court or the High Court. If granted, anticipatory bail ensures that the person cannot be arrested by the police without permission from the court. It acts as a safeguard against possible misuse of the law and protects an individual’s liberty.

What is Regular Bail in Criminal Cases?

Regular Bail is granted to a person who has already been arrested and is in police or judicial custody. In criminal cases, after arrest, the accused can apply for regular bail under Sections 437 or 439 of the Criminal Procedure Code (CrPC). If granted, regular bail allows the person to be released from custody, usually by submitting a bail bond or surety, and ensures their appearance before the court whenever required.

What is Bail in NDPS Cases?

In NDPS cases (cases under the Narcotic Drugs and Psychotropic Substances Act, 1985), getting bail is more difficult compared to regular criminal cases. Strict conditions under Section 37 of the NDPS Act apply, especially for serious offenses involving commercial quantities of drugs. Bail can be granted only if the court is satisfied that the accused is not guilty and is unlikely to commit any offense while on bail. Courts usually take a strict view in NDPS matters due to the seriousness of the offenses.

Bail Matters

What is Bail in Financial and White-Collar Crimes?

In financial and white-collar crimes like fraud, embezzlement, money laundering, or corruption, bail is granted based on factors such as the seriousness of the offense, the amount involved, and the accused’s likelihood of tampering with evidence or fleeing. Courts carefully assess the nature of the economic offense and its impact on society. Bail can be sought either through anticipatory bail (before arrest) or regular bail (after arrest), but the approach is usually stricter compared to minor criminal cases.

What is Domestic Violence and Dowry Case Bail?

In cases of domestic violence (under the Domestic Violence Act) and dowry harassment (usually under Section 498A IPC), the accused can apply for bail to avoid arrest or seek release if already arrested. Since 498A is a cognizable and non-bailable offense, courts consider factors like the seriousness of allegations, evidence, and the possibility of settlement before granting bail. In many cases, courts prefer giving protection from arrest or granting bail to prevent misuse of the law.

Bail Appeals in Delhi High Court and Supreme Court.

If a bail application is rejected by a lower court, the accused can file a bail appeal before the Delhi High Court. If the High Court also denies bail, the accused can further appeal to the Supreme Court of India. Both courts review whether the lower courts applied the law correctly and whether bail should be granted based on the facts, severity of the offense, and chances of misuse of bail. The quick and timely filing of bail appeals is crucial to protect the rights of the accused.