How can someone apply for regular bail in a criminal case?
Regular bail is granted by the Magistrate or Sessions Court under Section 480 of the BNSS, 2023 after an accused has been arrested. A bail application is filed with the court hearing the case, the prosecutor is heard, and the court decides based on the offence, evidence and likelihood of the accused absconding.
Legal Explanation
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — which replaced the CrPC — bail in non-bailable offences is discretionary. The court considers the seriousness of the offence, the accused’s criminal history, the possibility of tampering with evidence, and whether the accused is likely to flee. For bailable offences, bail is a matter of right and is granted as of right by the police or the court.
Procedure
- 1Engage a criminal defence lawyer familiar with the court handling the case.
- 2Draft and file a bail application under Section 480 BNSS before the Magistrate or Sessions Court.
- 3The court issues notice to the public prosecutor and the investigating agency.
- 4Arguments are heard on merits, including grounds and sureties.
- 5If granted, furnishing of bail bonds and sureties completes the release.
Jurisdiction
Magistrate Courts and Sessions Courts across Uttar Pradesh districts; the Allahabad High Court and its Lucknow Bench in revision or appeal.
Important Limitations
Bail can be refused in grave offences, where there is a risk of witness tampering, or where the accused has a history of absconding. Conditions may restrict travel or require periodic appearance.
Legal References
- BNSS, 2023 — Section 480 — Bail in bailable and non-bailable offences
- BNS, 2023 — Classification of bailable and non-bailable offences