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Criminal Defence

Bail Lawyer in Delhi

An overview of the bail matters the Chambers appears in before the Magistrate and Sessions Courts at Tis Hazari and other district courts of Delhi, and before the Delhi High Court. This page is informational and not exhaustive.

A note on the new criminal laws. From 1 July 2024 the Code of Criminal Procedure, 1973 (CrPC) was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Offences committed and proceedings begun before that date may still be governed by the CrPC, so both provisions are given below.
Kinds of Bail Matters

What bail work involves

01

Regular Bail

Applications for release of a person already in custody, before the Magistrate under Section 480 BNSS (Section 437 CrPC), or before the Sessions Court or the Delhi High Court under Section 483 BNSS (Section 439 CrPC).

02

Anticipatory Bail

Applications under Section 482 BNSS (Section 438 CrPC) by a person who has reason to believe they may be arrested for a non-bailable offence, filed before the Sessions Court or the Delhi High Court.

03

Interim Bail

Short-term release pending the final hearing of a bail application, or for specific reasons such as medical treatment or a family emergency, on the conditions the court sets.

04

Default Bail

Release under Section 187(3) BNSS (Section 167(2) CrPC) where the investigating agency has not filed its chargesheet within the statutory period of 60 or 90 days, depending on the offence.

05

Bail in Bailable Offences

Release as of right under Section 478 BNSS (Section 436 CrPC), and release of undertrials who have undergone the period of detention set out in Section 479 BNSS (Section 436A CrPC).

06

Suspension of Sentence & Bail Pending Appeal

Applications under Section 430 BNSS (Section 389 CrPC) for suspension of sentence and release on bail while an appeal against conviction is pending.

07

Bail under Special Statutes

Bail in matters under statutes with stricter conditions for release, such as Section 37 of the NDPS Act, 1985 and Section 45 of the Prevention of Money Laundering Act, 2002.

08

Bail Conditions, Modification & Cancellation

Applications to modify or relax bail conditions (for example, permission to travel), and appearance in proceedings for cancellation of bail under Section 483(3) BNSS (Section 439(2) CrPC).

How a Bail Matter Proceeds

From case papers to release

A bail matter usually begins with a review of the FIR and the case papers, including the arrest memo, remand orders and any earlier bail orders. The application is then drafted and filed before the appropriate court, which calls for a reply or a status report from the investigating officer through the Public Prosecutor.

At the hearing the court considers factors such as the nature and gravity of the accusation, the stage of investigation, the period already spent in custody, and whether there is a risk of the accused absconding or influencing witnesses. If bail is granted, the bail bond and surety bond are furnished and verified before release. If it is refused, a fresh application may be moved before a higher court.

Forums
Magistrate & Sessions Courts at Tis Hazari and other district courts of Delhi, Delhi High Court
Documents Usually Needed
Copy of the FIR, arrest memo, remand and earlier bail orders, and ID and address proof of the accused
For the Surety
ID and address proof, and proof of solvency such as property papers, a fixed deposit or vehicle registration
Common Questions

Bail — general questions

General information only. The answer in any particular matter depends on its facts, and independent legal advice should be taken.

What is the difference between regular bail and anticipatory bail?

Regular bail is sought by a person who is already under arrest or in custody. Anticipatory bail is sought before arrest by a person who apprehends arrest in a non-bailable offence; if granted, they are released on bail in the event of arrest.

Which court should a bail application be filed in?

That depends on the offence, the stage of the case and whether an earlier application has been decided. Regular bail is ordinarily first sought before the Magistrate or the Sessions Court, while the Sessions Court and the High Court both have power to grant regular and anticipatory bail.

What is a surety?

A surety is a person who stands guarantee that the accused will appear before the court when required and comply with the bail conditions. The surety executes a bond for the amount fixed by the court and may be asked to show proof of means.

What happens if a bail application is rejected?

A fresh application may be moved before a higher court, or before the same court on a change in circumstances, such as the filing of the chargesheet or a longer period in custody.

Can bail be sought on a holiday or outside court hours?

Delhi's district courts designate duty Magistrates for holidays, and the Delhi High Court sits in vacation benches, so that urgent matters can be heard when the regular courts are closed.

Reach the Chambers

Contact information

For queries regarding an existing or prospective matter, the Chambers may be reached by phone, email, or in person during working hours.

Address Chamber No. B-25, Tis Hazari Courts, Delhi
Phone +91 99537 08111
Email info@kmlawchambers.in
Full contact details & map