Bail
shib shankar prasad
(Querist) 02 September 2010
This query is : Resolved
If a person arrested in Non Bailable Offence, then to get bail, what are the points to be inserted to get bail?
Devajyoti Barman
(Expert) 02 September 2010
The FIR is to be looked into. The falsity of the complaint is to be highlighted and no need to keep the accused in custody for the purpose if investigation can also be mentioned.
s.subramanian
(Expert) 02 September 2010
1.that he has not committed any offence as alleged by the police.
2. that he is innocent,
3.that no overt act is attributed to him.
4.that investigation is over .
5.that a false case has been foisted against him.
s.subramanian
(Expert) 02 September 2010
you can also raise poor health conditions and the requirement of constant medical attention also as additinal points.
Niikhil C. Shirgaonkar
(Expert) 03 September 2010
Need to check the FIR & Remand Reports for main contentions.
Other contention like no criminal antecedents, permanent residence, will attend the police station and cooperate the investigation can be raised.
Satya Mani Tiwari
(Expert) 04 September 2010
I agree with the points mentioned by Mr. Subramanian, Mr. Shirgaonkar & Mr. Barman but I will add one more important point when the accused is under police custody in any non bailable offence as in most cases investigation officer raises the point of recovery due u/s 27 evidence act in which the court has no option except to give suspect on PC remand & afterwards for Judicial custody if the recovery is made hence NO RECOVERY DUE from the accused is important point in application to the court for sanction of Bail in any non bailable offence.
