BAIL APPLICATIONS
If an FIR or a Non-Cognizable Complaint has been registered by the Police and you are looking for the best Bail Lawyer in Noida, then you must only contact Advocate AK Tiwari which has a team of Expert Bail Lawyers or Bail Advocates in Noida who give the best solutions to get rid of any of the bail related cases.
BAIL is security taken from a person to appear on a fixed date before a Court is a Bail. Bail commonly means release on one's own bond, with or without sureties. The effect of granting bail is to release him from custody and to entrust him to the custody of his sureties which makes the person bound to to appear before the Court at the specific date and time and the effect of bail is not to set the accused free. It is the security for the appearance of the accused person on giving which he is released pending trial or investigation. Bail can be taken from not only the accused of an offence, it can be also taken by the witness or any person against whom any proceeding for keeping the peace or good behavior has been started, one needs to take a bail if he is intending to move for transfer of case, or going to reference or revision or applying for payment of fine in installments. Bail to take is mandatory for a person who undertakes the care and protection of a lunatic or a convict,or preferring an appeal; or being released on probation of good conduct, or from person taking custody of property.
BAIL
Regular Bail is granted to a person by the Court after his arrest is made, it is granted to the accused from the custody to ensure his presence in the Court as and when required. When a person is arrested by the police officer after commencement of any cognizable or non-cognizable offence, such person has a right to be released from custody under section 437 & 439 of Code of Criminal Procedure and for the same purpose the regular bail is applied.
PROVISION OF BAIL
Section 437 and section 439 of Code of Criminal Procedure lays down the Provision of Regular Bail where it is clearly mentioned that when any person accused of, or suspected of the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station appear before the court other than the High Court or Court of Session he may be released on bail. Bail shall not be so released if there is reasonable ground for believing that he has been guilty of an offence punishable with death or imprisonment for life. As per the Provision the person shall not be released on bail if such offence is a cognizable offence and the person has been previously convicted of an offence punishable with death or imprisonment for life, or imprisonment for seven years or more, or if the person had been previously convicted on two or more occasions. Provided that the mere fact that an accused person may be required for being identified by witness during investigation shall not be sufficient ground for refusing to grant bail if he has otherwise entitled to be released on bail and gives the undertaking that he shall comply with such directions as may be given by the court. Section 439 of Code of Criminal Procedure states the special power of High Court or Court of Session regarding bail. It states that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in subsection 3 of section 437, may impose any condition which it considers necessary for the purposes mentioned. Any condition imposed by a magistrate when releasing any person on bail be set aside or modified. Provided that the High Court or the Court of Session shall before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or whichy, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.
Bail & Anticipatory Best Bail Lawyer in Noida
Bail and Anticipatory Bail both fall within the Criminal Law. Therefore in order to search for lawyers in bail and anticipatory bail matters, it is best to approach lawyers who specialize in Criminal Law. Lawyers having practice in the Criminal Appellate Side may also be approached for Bail and Anticipatory Bail matters.
Application for Anticipatory Bail is applied for a person, when someone has grounds to believe that he may be arrested by Police within a short span of time. Anticipatory bail application shall be made before the session court of respective jurisdiction. Once the anticipatory bail application is moved before the Hon’ble District & Session Court than a copy of the same shall be given to the public prosecutor, one copy of bail application for the office record and one copy of the bail application should be delivered or submitted before the respective police station where the F.I.R is registered.
If on the hearing of the bail application, if the Investigating officer of the concerned police station furnish his say or opinion on that particular matter than the matter is kept for final argument on the next hearing date.
However till the entire anticipatory bail application is disposed of, the advocate of the applicant can pray of interim-bail of the accused till the final disposal of the bail application. If the Hon’ble Session Court grants interim-bail to the accused than in that case, the police will not arrest the alleged accused or the applicant till the final disposal of the anticipatory bail application. But in spite of Court’s order on interim bail, the applicant has to furnish the certified copy of the order of the interim anticipatory bail to the concerned police station. Generally, the Court grants the interim anticipatory bail to the applicant or accused as the court is always loaded with a lot of anticipatory bail application. In extreme situation, the court may reject the interim anticipatory application of the accused or applicant.
It is very necessary to take an order of interim anticipatory bail as there are chances that the final disposal of the anticipatory bail application may take a long time. The delay in passing the order may be because the Investigating Officer may not furnish his say to the Hon’ble Session Court for two or three consecutive dates, the Judge may discharge the board due to the heavy board, urgent and time-bound matters, old matters. Sometimes the matter is also delayed due to public prosecutor as he may be absent for two or three consecutive dates or he may not file his say in time and sometimes he may not be prepared for argument also. It is also delayed as some time your own lawyer/Advocate may not be ready to argue the matter due to his personal difficulty to attend the matter so it is always advisable to take interim anticipatory bail when the anticipatory bail application is pending and filed before the Hon’ble Session Court.
Bail from Allahabad High Court: Frequently Asked Question
As per the procedural law contained in the Cr. P.C., in a cognizable, non-bailable offence, where police are trying to make an arrest, an accused person may get filed anticipatory bail application either before the Session Judge at the district level or directly before the High Court. However, High court in very circumstances entertains an anticipatory bail application filed directly before it. In practice, all anticipatory bail applications should be filed before the session courts first. The rare circumstance in which high court may entertain an anticipatory bail application may include, amongst other, the closure of local courts due to some local reasons, unableness to reach local court due to danger to life etc.
When bail application is rejected by the learned magistrate, the accused may file bail application before the Sessions Court or High Court. The Code of Criminal Procedure confers concurrent jurisdiction upon the Sessions Court and Hon’ble High Court to grant bail under section 439 Cr.P.C. however, normal practice is otherwise. When bail is rejected by the learned magistrate, the bail application is file before the Sessions Court and if Sessions Court rejects the bail only then bail application is filed before the Hon’ble Allahabad High Court.
What is the procedure for filing bail before Allahabad High Court?When the bail application is rejected by the learned Sessions Court, the accused may file a bail application before Hon’ble Allahabad High Court. The pairokar of the accused has to come to Allahabad along with a free copy of the bail rejection order, a certified copy of First Information Report, and other relevant documents including case diary. If Charge-sheet has been submitted, then a certified copy of Charge-sheet is also required. The copy of the bail application is served in the office of the Government Advocate two days prior to the filing of the same before the Hon’ble Court. Normally, seven days’ time is exhausted in considering the bail application by the Hon’ble Allahabad High Court.
What happens if Hon’ble Court has called for Counter Affidavit (CA) from the Government Advocate in bail matters?Normally, bail is granted on the first date of hearing, however, if entire documents are not available on record, or if entire documents have not been annexed by the applicant seeking bail along with his bail application, and charges are very serious in nature, only then Hon’ble Allahabad High Court calls for Counter Affidavit granting normally four weeks’ time to the Government Advocate. If the Counter Affidavit is called for, then the bail application is decided after receiving Counter Affidavit and it takes around two months’ time.
Tips for choosing the right Bail Lawyer in Noida.
Whether you are facing a charge of robbery or some other legal issue, all you need to do is look for the right bail lawyer in Noida. Not only will they help you to fight your case in court, but also they will give you the right advice. With many options available in the market, finding the right attorney is not an easy feat. You need to go through numerous research procedures and then finalize your choice. Please dig into our list of some helpful tips to have your hands on the right Bail Lawyer in Noida.
Look for specialization
Not all lawyers are born the same. Therefore you must choose the lawyer based on their experience. For instance, you need to find a lawyer that holds experience in your type of case. Schedule a meeting and talk to the bail lawyer in Noida. Once you find that he is passionate enough to provide you with the best answers, you have found your committed partner.
Confidence is a must
Whatever be your case type, you need to look for a lawyer that is confident enough to represent your case and win it. Undoubtedly, no good lawyer can promise you the desired outcome, and therefore, you must choose the one that prepares a strong perception of the case and helps you win it. If you find an Advocate for Bail in Noida that provides you with great promises, consider it a red flag and just run away.
Reasonable fee structure
Whenever you decide to hire a well-experienced lawyer, remember you have to pay a little more than normal ones. However, it doesn't mean that you need to choose a highly expensive lawyer. Instead, go with the one with a reasonable fee structure and isn't afraid to represent you in court.
CONCLUSION
Finally, facing a criminal charge isn't a normal thing. For proper cover-up, you need to hire bail lawyer in Noida to help you legally fight your case. Make sure you spend proper time and effort while finding the right attorney. Choose the one that will work for your case and make you win.