Whenever a person gets arrested, the first thing that crosses their mind is getting out of jail. Now to get out of jail, one will have to post bail with the court. Then the judge will hear the plea and will give a decision regarding the bail post. If accepted, then great. But if the bail plea is rejected, it can cause an issue for the accused and their loved one. One can also get best bail advocate in delhi if required.
When can bail be denied?
There can be several reasons, like a canceled transfer petition in the supreme court, why a judge might end up declining one’s bail request. Some of the reasons when bail may get canceled and can lead to some serious worry are:
- Flight risk: if the judge feels that the person accused has even a small chance of not showing up on the trial date, they will deny the bail plea. Judges do not want the accused to leave the city or disappear before the trial and will not let them leave the jail.
- Serious crime: in most cases of serious crimes, the bail plea is rejected by the judge. If one’s loved one is accused of any serious crime like kidnapping, murder, etc., there is a higher chance of not getting bail from the supreme court.
- Repeat offenders: if a person has been a past offender and has again been accused of any crime recently, then the chance of getting bail is quite low. Repeat offenders are not let out of jail easily. Also, if the person has been on probation or parole during their arrest, then the chance of getting bail reduces even more.
- The threat to society: if a judge thinks that the accused will be a threat the society if they are out of jail, then they will deny the anticipatory bail from the supreme court.
- Miss trials: if a person has had a past habit of missing trials and court appearance, the judge might also deny the bail plea.
- Being disrespectful: if the accused yells or behaves disrespectfully to the judge during the bail plea hearing, the judge might also deny it.
What to do?
In case the bail plea is denied by the judge, the first thing that happens is that the accused is taken back in custody. They will have to appear in the court again in the next hearing. Or one can re-apply for the bail, but there is always a good chance that the bail may get denied the next time. There are two things that one can do to make sure that one can get bail the second time only:
- Why the denial: The first thing that the loved ones of the accused should do is understand why the bail is denied. This will give one an idea about what is causing the problem.
- Call an attorney: lawyers are well aware of all the legal things related to bail, and they can throw some required light on the issue. One can hire an attorney and can solve the issue along with them. A criminal lawyers delhi high court will help understand the reason behind denial and will also help in challenging the same in the court.
Choosing the right attorney and having proper knowledge of the bail process can help get the bail in time.
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