Bail is the release of an accused person from custody, usually on conditions, while the case proceeds. The type of application depends on whether the offence is bailable, whether the person has already been arrested, and the stage of the case.
We prepare and argue bail applications before Magistrates, Sessions Courts and the Gujarat High Court, and advise on complying with bail conditions afterwards.
What this covers
- Bail in bailable offences
- Regular bail after arrest in non-bailable offences
- Anticipatory (pre-arrest) bail
- Default bail where the charge-sheet is not filed in time
- Interim bail and modification of bail conditions
- Cancellation of bail proceedings
How the process generally works
- Identify the right forum
Depending on the offence and the stage, the application may lie before the Magistrate, the Sessions Court or the High Court.
- Prepare the application
We set out the facts, the allegations, the accused person's roots in the community, and why custody is not required.
- Hearing
The court hears both sides. The public prosecutor may oppose bail and the court may call for the case diary.
- Conditions and sureties
If bail is granted, we help arrange sureties and explain the conditions that must be followed.
Relevant law
- BNSS section 478: bail in bailable offences
- BNSS sections 480 and 483: bail in non-bailable offences
- BNSS section 482: anticipatory bail
- BNSS section 187(3): default bail if investigation is not completed in time
- Special statutes may impose stricter conditions, for example section 37 of the NDPS Act
Common questions
What is the difference between bail and anticipatory bail?
Regular bail is sought after a person has been arrested. Anticipatory bail is sought before arrest by a person who reasonably believes they may be arrested for a non-bailable offence.
Is bail a right?
In bailable offences bail is a matter of right. In non-bailable offences it is at the discretion of the court, which considers factors such as the nature of the accusation, the evidence, the risk of absconding and the risk of interference with witnesses.