Regular Bail → Sec. 439 CrPC / BNSS 482
Anticipatory Bail → Sec. 438 CrPC / BNSS 482
Default Bail → Sec. 167(2) CrPC / BNSS equivalent
Interim Bail → Court’s discretion
Knowing the bail type helps narrow down judgments relevant to your case.
- Frame the Key Legal Issues
Ask yourself:
Is it about gravity of offence?
Is it about parity with co-accused?
Is it about delay in trial/investigation?
Is it about personal liberty / presumption of innocence?
Is it about special circumstances (woman, child, illness, old age)?
Each issue has landmark judgments you can cite.
- Sources to Search for Judgments
Free Sources:
Indian Kanoon (keyword + section + “bail”)
Judis.nic.in (Supreme Court & HC judgments)
High Court websites
Paid / Professional Sources:
SCC Online
Manupatra
LiveLaw / Bar & Bench for latest judgments
Search tips: Use Boolean search (e.g., “Section 439 bail AND parity”).
- Shortlist & Filter Judgments
While reading a judgment, check for:
Ratio decidendi (actual rule/principle applied)
Court level (SC > HC; HC binding within its jurisdiction)
Date (recent precedents are stronger, unless Constitution Bench)
Relevance (facts must match closely with your client’s case)
Example: For anticipatory bail in dowry harassment (Sec. 498A IPC), cite Arnesh Kumar v. State of Bihar (2014) on misuse of arrest powers.
- Drafting Your Bail Application
Structure with legal + factual arguments supported by judgments:
Intro & Facts – show clean antecedents, cooperation, weak prosecution case.
Legal Grounds –
Parity (if co-accused got bail)
Delay in trial (cite Hussainara Khatoon)
Right to liberty (cite Gudikanti Narasimhulu, Sanjay Chandra)
No need for custodial interrogation (cite Dataram Singh)
Judicial Precedents –
Quote 1–2 lines (not long paras) from judgments.
Example: “Bail is the rule and jail is the exception” – SC in Dataram Singh v. State of UP (2018).
Prayer – request for bail on conditions court deems fit.
- Arguing Bail in Court
Start with liberty principle (Art. 21).
Cite binding precedents first (SC), then HCs (especially of your state).
Highlight distinguishing facts (why custody is not required).
Be ready with latest judgment printouts to hand over to judge.
Example Structure in Argument:
“My Lord, as held in Sanjay Chandra v. CBI (2012), the object of bail is not punitive but to secure presence at trial. Similarly, in Dataram Singh (2018), the Hon’ble SC emphasized bail as the rule. In the present case, the investigation is complete, charge-sheet filed, and no custodial interrogation is required. Therefore, my client deserves bail.”
- Judgment Categories Commonly Cited in Bail
General Principles: Dataram Singh (2018), Gudikanti Narasimhulu (1978), Sanjay Chandra (2012).
Anticipatory Bail: Sushila Aggarwal v. State (2020), Arnesh Kumar v. State of Bihar (2014).
Default Bail: Rakesh Kumar Paul v. State of Assam (2017).
Delay in Trial: Hussainara Khatoon (1979), Supreme Court Legal Aid Committee (1994).
Parity & Equality: Kalyan Chandra Sarkar v. Rajesh Ranjan (2004).
Special Protection (Women/Old Age/Illness): P. Chidambaram v. ED (2019).
- Final Practical Tips
Always carry 2–3 strong precedents instead of citing 20 casually.
Match the facts with precedent — judges appreciate relevance, not volume.
Keep a ready one-pager bail precedent chart with sections + leading cases for quick reference.
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