If bail is refused, the accused will be held in custody until a trial is held or the case is otherwise resolved. The defendant can appeal the decision to a higher court, presenting new evidence or arguments, but this process takes time and doesn't guarantee a different outcome. The purpose of this detention is to ensure public safety and prevent the accused from fleeing or committing further crimes while awaiting trial.
If bail is refused, the accused will be held in custody until a trial is held or the case is otherwise resolved. The defendant can appeal the decision to a higher court, presenting new evidence or arguments, but this process takes time and doesn't guarantee a different outcome. The purpose of this detention is to ensure public safety and prevent the accused from fleeing or committing further crimes while awaiting trial.
If bail is denied:
1. Accused stays in jail.
2. Can apply to a higher court.
3. May face long custody.
4. Can reapply if circumstances change.
5. May get default bail if charge sheet is delayed.
If bail is denied in India, here's what happens—and what you can do next:
1. You're Taken into Custody
The accused will be sent to police or judicial custody and remain there until the trial begins or bail is granted later.
2. Presumption of Innocence Still Applies
Being denied bail doesn't mean you're guilty. The trial continues under the principle that one is innocent until proven otherwise.
3. Options After Bail Denial
* Re‑apply for bail in the same court—especially if new facts emerge (e.g., change in circumstances or additional sureties).
* Appeal to higher courts:
* If denied by a Magistrate, apply to the Sessions Court.
* If Sessions Court also refuses, move to the High Court or even the Supreme Court.
* Seek interim or default (statutory) bail under Section 187(2) BNSS if the investigation isn’t completed within 60 days (or 90 days for severe offenses).
Default Bail Explained : If no chargesheet is filed within 60/90 days:
* You're entitled to default bail immediately upon applying.
* Courts have emphasized this right is mandated by law and cannot be denied beyond these time limits.
* SC states that "bail is a right, jail is an exception" reflects a fundamental principle of criminal justice,particularly in India .
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