Overview
Since 1 July 2024, criminal procedure is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Bail applications before the High Court are now filed under Sections 482 and 483 BNSS, and the court's inherent powers are preserved in Section 528.
A bail application is decided on the facts of the case: the allegations, the evidence collected, the period in custody, the stage of trial and the accused person's antecedents. A well-prepared application sets these out clearly.
Matters handled
- Regular bail (Section 483 BNSS)
- Anticipatory bail (Section 482 BNSS)
- Successive bail applications
- Petitions under Section 528 BNSS
- Release of seized vehicles and property
- Suspension of sentence pending appeal
How a matter proceeds
Frequently asked questions
Can I apply directly to the High Court for bail?
The High Court and Sessions Court have concurrent powers, but the High Court generally expects the accused to approach the Sessions Court first.
Can a second bail application be filed after rejection?
Yes, if there is a change in circumstances, such as the filing of a charge sheet, a long period in custody or new material.
How can a seized vehicle be released?
An application for interim custody (supurdagi) is filed before the trial court. If it is wrongly refused, the order can be challenged before the High Court.
Discuss your matter
Book a consultation in person in Jaipur, over the phone or on a video call.