In general, the word “Bail” means to release a person from the custody of police or jail authority and handover him to his surities who undertake to produce him in court whenever required to do so.
When the accused is under the custody of the police or jail authority in connection with a case and the bail application is rejected by the courts subordinate to the High Court Division, the application for bail is filed with the High court Division under section 498 of the Code of Criminal Procedure, 1898 and by invoking the power given to the High Court Division. The said application may be considered on the following grounds:
- When prima facie case made out;
- Accused’s name not mentioned in the FIR and no material gathered against the accused by the police;
- No specific overt act;
- If any doubt arose in the prosecution story;
- Delay in lodging FIR;
- Delay in investigation;
- Delay in trial;
- Long detention;
- Co-accused enlarged on bail on same footing;
- No chance of misuse of bail.
However earlier granted bail may be cancelled in the following grounds:
- If he/she commits the very same offence for which he is being tried or has been convicted;
- If he/she hampers the investigation;
- If he/she tempers with evidences;
- If he/she runs away to a foreign country or goes underground or beyond the control of his surities;
- If he/she acts violence in revenge;
- If any other ways he/she misuses of bail.
Law for Nations has represented a lot of bail petition successfully.