Difference between bailable and non-bailable offences:
1. In bailable offences, bail is a right and must be granted.
2. In non-bailable offences, bail is not a right and is given at the court’s discretion.
3. Bailable offences are usually less serious in nature.
4. Non-bailable offences are more serious or grave.
5. In bailable cases, police can grant bail.
6. In non-bailable cases, only the court can grant bail.
Posted on Jun 12, 2025
Yes, a person on bail can apply for modification of bail conditions.
1. The application is filed in the same court that granted bail or a higher court.
2. The court may relax conditions like travel restrictions, surety, or reporting requirements.
3. Valid reasons must be shown, like medical needs or job obligations.
Posted on Jun 12, 2025
In NDPS Act cases, bail is handled strictly:
1. Bail is difficult for serious offences, especially if the quantity is commercial.
2. The court must be satisfied that the accused is not guilty and will not commit another offence.
3. Bail is more likely in small quantity cases.
4. Conditions may include regular reporting and surrendering passport.
5. High courts or special courts usually handle such bail pleas.
Posted on Jun 12, 2025
No, a surety is not always required for bail.
Courts can grant bail:
1. With someone guaranteeing the accused's appearance
2. Without a guarantor, based on the accused’s personal bond
It depends on the court’s decision and case details.
Posted on Jun 12, 2025
Yes, bail can be granted in non-bailable offences, but it is not automatic. The court may grant bail based on factors like the nature of the offence, evidence, likelihood of the accused fleeing, and whether the accused is a first-time offender or poses a threat to public safety. In some cases, the accused may need to approach a higher court if bail is denied by the lower court.
Posted on Jun 12, 2025
Courts consider the following factors before granting bail:
1. Seriousness of the crime
2. Strength of evidence
3. Risk of the accused fleeing
4. Past criminal record
5. Possibility of influencing witnesses or destroying evidence
6. Need for further police custody
7. Accused’s cooperation during investigation
8. Health and age conditions
Posted on Jun 12, 2025
Yes, a foreigner can apply for bail in India.
1. Equal rights – Foreigners have the same bail rights as Indian citizens.
2. No need to inform FRO in bail plea – Not required to involve Foreigner Registration Officer while applying.
3. FRO is informed after bail – Court notifies authorities after granting bail.
4. Travel restricted – Foreigners can’t leave India without court or government permission.
Posted on Jun 12, 2025
No, legal representation is not mandatory for bail, but it is highly recommended. A lawyer can properly present your case and improve your chances of getting bail.
Posted on Jun 12, 2025
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.
Posted on Jun 12, 2025
Misrepresentation is a false statement that leads a party to enter a contract. It affects the contract’s validity by allowing the misled party to cancel the contract or claim damages since the consent was not genuine.