procedure of Filing a bail in non-bailable offence

non-bailable offence is an offence that is listed under the Indian Penal Code as non-bailable. This means that the accused person does not have an automatic right to bail, and bail can only be granted at the discretion of the court. Here is a detailed guide on the procedure of applying for bail in India in a non-bailable offence:

Hire a lawyer: The first step in applying for bail is to hire a lawyer. A lawyer will help you understand the legal process and guide you through the bail application process.

Determine the court: The next step is to determine the court in which the case is being heard. For non-bailable offences, the bail application can only be made to the court.

Draft the bail application: Your lawyer will help you draft the bail application. The application should include details of the offence, the circumstances of the arrest, and any other relevant information. The application should also state the grounds on which bail is being sought.

Submit the bail application: Once the bail application is drafted, it must be submitted to the court where the case is being heard. The court will set a date for the bail hearing.

Attend the bail hearing: On the day of the hearing, the accused person and their lawyer must attend the court. The prosecution will present its arguments against the grant of bail, and the defence will present their arguments in favour of bail.

Wait for the bail order: After hearing the arguments, the court will either grant or reject the bail application. If bail is granted, the accused person will be released from custody on the condition that they attend all future court hearings.

However, in the case of certain offences, such as terrorism, murder, rape, etc., there are additional conditions that need to be fulfilled before bail can be granted. The burden of proof in such cases lies with the accused person, who must show that they are not a flight risk, will not tamper with evidence, and will not commit any further offences while out on bail.

In conclusion, applying for bail for a non-bailable offence in India can be a complex process. It is important to hire a lawyer who is experienced in criminal law and can guide you through the process. With the help of a skilled lawyer, you can increase your chances of being granted bail and awaiting trial outside of custody.

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