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Bail

Regular bail, default bail and bail appeals before Magistrates, Sessions Courts and the High Court.

Criminal Law · Lucknow

When someone is arrested, getting them released on bail is the first priority. In bailable offences, bail is a right (Section 478 BNSS). In non-bailable offences, bail is at the court's discretion — before the Magistrate (Section 480 BNSS) or the Sessions Court and High Court (Section 483 BNSS).

If the investigation is not completed and the charge-sheet is not filed within the time the law allows — 60 or 90 days depending on the offence — the accused becomes entitled to default bail under Section 187(3) BNSS.

When you may need this

  • A family member has been arrested
  • A lower court has rejected bail
  • The charge-sheet has not been filed within the time allowed
  • Bail conditions need to be changed
  • Someone has applied to cancel your bail

How we handle it

  1. We urgently collect the FIR, arrest memo and remand orders
  2. We file the bail application in the right court
  3. We argue the application against the public prosecutor
  4. We help arrange bail bonds and sureties
  5. We advise on complying with bail conditions

Documents to bring

  • Copy of the FIR and arrest memo
  • Remand orders
  • Any earlier bail orders
  • Identity and address proof of sureties
  • Surety's property or solvency papers
  • Medical records, if relevant

Questions about Bail

What is default bail?

If the police do not file the charge-sheet within the time allowed — 60 days, or 90 days for offences punishable with death, life imprisonment or imprisonment of ten years or more — the accused becomes entitled to bail under Section 187(3) BNSS, provided they apply before the charge-sheet is filed.

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