Grounds for granting of bail in Non-bailable offence
Introduction
Bail is a legal term that refers to the release of a person from custody pending trial, on the condition that they post a bond and agree to certain conditions, such as appearing for trial and not committing any further crimes. In India, bail is a discretionary remedy, which means that the court has the discretion to grant or deny bail.
Grounds for granting bail in non-bailable offences
The Code of Criminal Procedure (CrPC) provides for a number of grounds on which bail can be granted, even in cases where the offence is non-bailable. These grounds include:
- The nature of the offence: Bail is more likely to be granted in cases where the offence is not serious, such as petty theft or assault.
- The accused's character and antecedents: Bail is more likely to be granted if the accused has a good character and no previous convictions.
- The accused's ties to the community: Bail is more likely to be granted if the accused has strong ties to the community, such as a job, family, or property.
- The risk of absconding or committing further offences: Bail is less likely to be granted if there is a risk that the accused will abscond or commit further offences.
The court will also consider the following factors when deciding whether to grant bail:
- The evidence against the accused: The court will consider the strength of the evidence against the accused and whether it is likely that they will be convicted.
- The public interest: The court will consider the public interest in ensuring that the accused is brought to justice and that the community is protected from further harm.
Frequently Asked Questions
What is a non-bailable offence?
A non-bailable offence is an offence where the accused person is not entitled to bail as a matter of right. In such cases, the court has the discretion to grant bail, but is not obliged to do so.
What are the grounds for granting bail in a non-bailable offence?
The grounds for granting bail in a non-bailable offence are set out in the Code of Criminal Procedure (CrPC). These grounds include:
- The nature of the offence: Bail is more likely to be granted in cases where the offence is not serious, such as petty theft or assault.
- The accused's character and antecedents: Bail is more likely to be granted if the accused has a good character and no previous convictions.
- The accused's ties to the community: Bail is more likely to be granted if the accused has strong ties to the community, such as a job, family, or property.
- The risk of absconding or committing further offences: Bail is less likely to be granted if there is a risk that the accused will abscond or commit further offences.
What are the factors that the court will consider when deciding whether to grant bail?
The court will consider the following factors when deciding whether to grant bail:
- The evidence against the accused: The court will consider the strength of the evidence against the accused and whether it is likely that they will be convicted.
- The public interest: The court will consider the public interest in ensuring that the accused is brought to justice and that the community is protected from further harm
