Bail and its Meaning

Regular Bail is when a person has been  released  after arrest  for commission of a  crime, pending their trial or court. You will need a Bail Lawyer in Kolkata for applying for either anticipatory bail or regular bail depending on the situation.Bail is usually granted on the condition that the accused person will return to court for their trial or court appearance. The court may  also require the accused person to provide a security, such as property or a surety bond, so as to  ensure he will be present for enquiry and investigation and be present in trial.  Amount  of bail is depended on the severity  of the offence. Bail amount is returned at the conclusion of trial. Bail is not always granted and in some cases like cases involving POCSO , Drug trafficking etc in such cases courts are very careful in granting bail  and there’s no surety that bail will be granted.

Who is the Top Bail Lawyer in Kolkata​?

Advocate Tapan Choudhury is one of the Top Criminal Lawyers with a wide range of practice in various High Courts and the Supreme Court of India.

Grant of Interim Bail in certain cases?

An application may be filed  under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’)  seeking grant of interim baIl in case arising out of Sections 3/4 of The Prevention of Money Laundering Act, 2002 (‘PMLA’) wherein the accused is already in judicial custody. When there is a medical emergency court may grant bail with  on conditions such as :

• The applicant shall furnish a personal bond in the sum of  a certain amount fixed by court  with one surety of the like amount, to the satisfaction of the Trial Court/Successor Court/Link Court/Duty Judge concerned.
• The applicant shall share his mobile number with the concerned Investigating Officer and shall ensure that the said mobile is kept switched on at all times, so that the applicant can be contacted if required.
• The applicant shall not leave the city  without prior permission of the learned Trial Court.
• The applicant will not issue threats or influence witnesses in the present case.
• The applicant will surrender on the expiry of period of interim bail.
• The applicant is directed to furnish a proof of residence where he shall reside upon his release, which should be at least 5 KM far from the locality where the prosecutrix resides, subject to the satisfaction of the learned trial court.

These are usually the conditions imposed upon the accused when bail application is granted.  We can also see that in bail orders it is usually mentioned that the observations made in the  case are only for the purpose of considering the bail application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case.

Reference to DAUD NASIR vs DIRECTORATE OF ENFORCEMENT passed by Hon’ble High Court of Delhi in BAIL APPLN. 1091/2024

When is Bail Cancelled by Court?

When after bail is granted  the accused is found  interfering with the investigation or evidence or attempting to influence any of the witnesses that would itself be a ground for cancellation of interim bail.

Conclusion for Bail Lawyer in Kolkata

For filing bail applications whether Anticipatory bail or regular bail or interim bail as the case above kindly fill the form

You may call at 9873628941 for a free consultation

Also visit our partner website  here. The provisions of Section 438 Cr.P.C. have emerged from the Article 21 of the Constitution of India, which pertains to an individual’s liberty. It is also to be kept in mind that  person is presumed innocent until proven guilty.