Bail Bond in India

By admin | Last Updated 18 Jul, 2022

Introduction: Bail Bond India

An agreement made by a guilty defendant to show up for trial or to pay the sum of money determined by the judge is known as a bail bond. A bail bondsman co-signs the bail bond and collects a fee from the prisoner in return for getting the ransom. After being accused and detained for a major offense, a person must wait for a bail hearing.

Before deciding on the bond amount, the judge must consider the charges and surrounding circumstances during the hearing. The defendant has two options if they are unable to pay the bail amount: they can either wait until their court date in custody or hire a bail bond company. When the paperwork for the bail bond is completed, the defendant will be released on bail after the bail bond attorney has collected a percentage of the bail amount as a non-refundable fee.

The following page discusses the entire bail bond process, the role of bail bond brokers, and the benefits and drawbacks of this service offered to suspects.

Bail Bond

Bail is essentially a financial agreement that a bail bonding company would make on behalf of a criminal defendant. A security is used to get the defendant released who was required to be granted bail. It is typically a contract between the prisoner and one or more protections that the court will establish the amount charged and that, if the prisoner is granted bail, he or she would be required to attend the charges against him.

The judges of the court must also agree on the cost of the bail bond, which may be merely 10% to 20% due at the time of the release on bail or that the court may require the whole amount of the bond. Bail is determined by the following elements:

  • By determining the extent of the crime’s harm to other people.
  • Suspicion of a criminal past.
  • The risk to the community that offenders’ release might pose.
  • Suspected ties to the community, to families, and to work.

To presume innocence until the accused is judged guilty is the basic goal underlying this. The sole purposes of the convicted person’s arrest and imprisonment are to ensure his or her attendance at the trial and to ensure that they are found guilty, for which they are eligible to receive a sentence.

Make sure the defendant shows up for the trial so that they can be freed and protected from unnecessarily long detentions. Bail Bonds are only approved when they contain identical terms and conditions, such as the need that the accused not leave the state’s boundaries without the judge’s or the police officer’s consent.

Anytime he is asked to do so, the accused must alert the police officer of his presence. Any evidence that the police discover during their investigation should not be tampered with by the offender. There are two sorts of bail bonds that fall under this definition:

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Security Bond

Depending on the financial health of the underlying corporation being secured to it, a security bond sees it as either a payment bond or a value bond.

Personal Bond

A conditional guarantee that states the guilty defendant must show up for court on all scheduled dates promises that if the promise to show up is broken, the prisoner won’t have to comply but will still fulfill the guarantee’s worth. If the promise to appear is broken, it is sometimes referred to as a release. When there is no need to post bail, it is also known as a release or accept bond.

Additionally, this does not imply that bail will be available through these bail bond agencies for all types of crimes committed. If the applicant for bail does not comply with the bail bond criteria, the court may refuse to grant bail to the accused person even though the charge is bailable. The two straightforward categories into which offenses under Section 2(a) of the Code of Criminal Procedure are divided are as follows:

Bailable Offence

An offense that is designated as being subject to bail in the First Schedule or that is made so by any other currently in effect law is referred to as a “bailable offense.” They are viewed as less serious and grave, hence a bond is seen as a matter of right in cases involving such offenses.

Some examples of these offenses include: refusing to take an oath when duly compelled to do so; hindering a public official in the performance of his public duties; offering or creating false evidence in a court proceeding; and causing disturbances in a place of worship.

Non-Bailable Offence

Serious offenses known as “non-bailable offenses” are those for which bail is a privilege that can only be granted by the courts. As a matter of law, a person cannot apply to be freed on bail after being detained for a serious or unjustified offense.

In general, the court may deny bail if the “Bail Bond” has not been properly executed, the crime was one that carries a death sentence or life in prison, such as murder or rape, the accused has made an attempt to elude justice, or his qualifications are in question.

Advantages of Bail Bond

When you’re participating in the bail bond process, whether you’re the one who needs to get out of jail or you’re the one who is assisting a loved one, it’s simple to notice the drawbacks. It’s difficult to recognize the positive aspects of the position because it’s a dreadful one that nobody wants to be in.

 A few benefits of issuing bail bonds include the fact that most bail bond businesses are open every day, in fact, twenty-four hours a day. As a result, bail bonds are available whenever someone needs them. Only 10% of the bail amount is required when using bail bonds. The task of resolving the remaining issues will go to the bail bondsman.

You can lessen your financial burden after being detained by paying bail bonds through a payment plan. You just contribute 10% of the total bail amount, leaving you with 90% of the money to use as you see fit for saving or spending. Your minor bail bond installments can be paid with cash, cheques, credit or debit cards. There is also a safe online payment facility available.

Disadvantages of Bail Bond

Many people, including some in the legal profession, believe that the bail bond system is unfair since it forces low-income defendants to remain in jail or forfeit a 10% cash fee and the remaining bail-in collateral before they are ever tried for any crime.

Approximately 6 lakh people are being kept in jail because they cannot afford bail or the services of a bail bondsman, according to a research by prison policy organizations. You won’t receive the bail bond money at the conclusion of the procedure. The bond agent accepts the 10% premiums as payment for their services. The bail bond corporation can only be used in the state where it has a license. If you are not in their jurisdiction, you might not be able to take advantage of this.

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