how to get Bail after chargesheet

The application for bail shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.

Dear Ms Shinde, 

Simply file bail application. As you have stated that charge sheet has been filed therefore the custody of the accused is not required unless there is flight risk. Therefore, chances of accused getting bail after filing of charge sheet are good unless there are compelling circumstances to warrant the custody of accused. 

Regards

Shuham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance. 

Simply file a bail petition stating that chargesheet has been filed and there is no required to detain the accused for further investigation. Moreover add that unless the accused is released he cannot defend his case for a fair trial.

You may file Bail Application at any time. There are no hard and fast rule regarding bail applcation, while the accused is in in custody but it is the discretionary power of the Magistrate to grant your application or not.

The bail application can be filed with immediate effect. Further if the accused is in custody and the charge sheet has been filed after a period of 90 days from the date of the remand of the magistrate then the accused had an indefeasible right of getting bail. If the said right it is not exercised within time then the said right cannot be excise now. 

Further you need to file other bail application before the honourable trial court and seek regular bail on the ground that there has been a long incarceration of the accused behind the bars and the court should grant bail as the charge sheet has already been filed and the possibility of tempering with the evidence is not there.

In case the court still does not grant you bail then press for a speedy trial as a matter of fundamental right and after the examination of of the main complainant Then again prays for the bail.

Regards

Gagandeep Goel, Adv

987 220 6969, 88173 00001.

masterlegalwork@gmail.com