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Siddharth Mehta (Student)     03 August 2010

BAIL APPLICATION

can a bail application be prepared by a relative/friend of the accused if the accused happens to be  a student and can't afford a lawyer.
If so please provide the format of the bail application form..the accused has been detained on assault charges and no FIR has been registered as yet



Learning

 8 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     03 August 2010

Dear Sidharth,

I'm ready to help you for contetting ur bail application if it is in Delhi courts. U can call me at 9871158578

Mugundhan (Lawyer)     03 August 2010

Dear Siddarth, the question of bail arises only when the fir has been registered and accused has been remanded to judicial custody. The police can keep the person in custody for only 24 hrs. Otherwise  the detention is illegal, and you can give a telegram to the human rights commission and you can also file a Habeas Corpus petition before the High Court. You can approach the free legal aid cell of your district.

Siddharth Mehta (Student)     03 August 2010

@rakhi mam \

actually the bail application is not for me but my friend he cant afford a lawyer and i being a student cant do it as well....but thnx for ur reply..i am really grateful to you

Siddharth Mehta (Student)     03 August 2010

@mugudhan sir

what can i do if my friend has been arrested on assault charges and an FIR hasnt been lodged wat exactly can i do to get him released??

and sir pls clarify can a relative/friend  fill the bail application form and submit it and get the acccused released if the FIR has been filed and the accused cant afford a lawyer ...pls

dawood ahmed (advocate)     03 August 2010

Mr. Siddharth, In your case as you say it is only a case of assault there wont be any need to file a bail application the court automatically grants bail in bailable cases and any body can furnish the sureties and get the accused released but it may take more time and need good efforts from the relative or the friend of the accused. It is still a better option to engage some advocate who can do your job at bare minimum expences and you always find some advocates who also work for helping the poor and needy. You just try.

Hitesh Gupta (B.Com. LL.M.(Cri) ADVOCATE)     04 August 2010

There is free legal aid service available in all courts starting from Magistrate's court to Supreme Court..

I would advise you to contact the free legal aid authoritiy of the concerned court.. Friend and relatives cannot plead on behalf of accused.. only advocates have that previledge.. in extra ordinary circumstances with the permission of the court relative or friend would be permitted.. But legal aid is best option as there are practising lawyers of the bar proving their services to needy and poors.. To seek any order from a court, its not at all easy to tackle with the court staff if you are not experienced..

varmakarri (seniour public prosecutor)     06 October 2010

I am doing Ph.D in law on the topic " Curruption in India-investgation and Prosecution" Kindly furnish your suggition and cases come accross by you and also articles etc.,

varma, K.N.

varma_kn@yahoo.com

SANJEEV KUMAR (STUDENT)     06 October 2010

Mr Varmakarri

If you really do justice for your subject then visit rural courts and get the handson experience and after that you will not require any suggestions or artices.


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