Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
1. Identify the Law and Offense
· Which law applies?
o Note the specific Act and sections (e.g., BNS, PCA, Food Safety Act, MV Act, etc.)
· What is the applicable punishment?
o Check the maximum sentence (death, life, years of imprisonment, fine, or both).
o Is the offense bailable or non-bailable?
2. Assess Key Factual Determinants
· Nature and gravity of the offense
o Seriousness (e.g., murder, corruption, economic offense, accident causing death).
·
Status of investigation
o Is investigation complete?
o Is any recovery/discovery pending?
· Criminal antecedents
o Any prior record or pending cases?
· Risk factors
o Likelihood of tampering with evidence or influencing witnesses.
o Flight risk or possibility of absconding.
o Threat to public or victim safety.
3. Decide on Bail Bond and Surety
· Bond amount
o Proportionate to offense gravity and accused’s background.
§ Minor/first-time offenses: ₹50,000 (e.g., sand transport, accident).
§ Serious/economic/corruption: ₹1,00,000 (e.g., trap case, gutkha seizure).
· Surety
o One or two solvent sureties, usually in the like amount.
4. Standard Bail Conditions (Apply in Most Cases)
· Attend police station/investigating agency as required.
· Do not tamper with evidence or influence witnesses.
· No inducement, threat, or promise to any person acquainted with the facts.
· Do not misuse liberty.
· Attend trial regularly.
· Bail before the committal court (where applicable).
· Inform all concerned (court, police, etc.).
5. Enhanced/Case-Specific Conditions
· Reporting frequency
o E.g., appear at police station twice a month for economic offenses.
· No-contact orders
o No contact with informant, victim, or prosecution witnesses.
· Restrictions on activities
o Do not engage in similar illegal activity (e.g., for economic or regulatory offenses).
· Surrender of passport or travel restrictions
o If flight risk is high.
· Medical or counseling requirements
o In accident or intoxication cases.
· Asset restrictions
o For financial crimes, restrict access to certain assets.
· Electronic monitoring or house arrest
o In rare, high-risk cases.
6. Breach and Revocation
· State in order: Any breach of conditions may result in cancellation of bail and re-arrest.
· Allow prosecution to seek cancellation if conditions are violated.
How to Apply This Toolkit When Deciding Bail
· Step 1: List all applicable laws and sections for the offense.
· Step 2: Note the maximum punishment and whether the offense is bailable.
· Step 3: Summarize key facts—seriousness, investigation status, antecedents, and risks.
· Step 4: Set an appropriate bond and surety amount.
· Step 5: Apply standard conditions as a base.
· Step 6: Add any case-specific or enhanced conditions as required by facts.
· Step 7: Clearly state consequences for breach.
Example Table for Quick Reference
Law/Sections
Max Punishment
Key Facts to Check
Standard Bail Condition(s)
Enhanced Condition(s) (if needed)
BNS 103 (Murder)
Death/Life Imprison.
Evidence strength, investigation status
High bond, no tampering, regular reporting
No-contact, GPS monitoring, travel ban
PCA 7A (Corruption)
3-7 years + fine
Trap evidence, govt. servant, recovery
₹1L bond, no contact, cooperate
Asset disclosure, travel restriction
BNS 105/MV Act (Accident)
5-10 years + fine
Intoxication, injury, vehicle recovery
₹50k bond, no tampering, attend trial
Medical reporting, license surrender
BNS 123/FSS Act (Gutkha)
Up to 10 years + fine
Contraband quantity, role, repeat offense
₹1L bond, police reporting, no repeat act
Shop closure, business activity ban
BNS 324 (Public Order)
6 months + fine
Damage, mob, CCTV, prior record
₹50k bond, no contact, attend trial
Community service, curfew, area ban
Key Judicial Considerations (from Orders and Law)
· Never impose conditions more onerous than necessary.
· Always tailor conditions to facts and risks in each case.
· Ensure conditions protect witnesses, evidence, and public safety.
· Provide clear, reasoned orders for grant or refusal of bail.
By following these bullet points and referring to the table, you can objectively and consistently decide on appropriate bail conditions for any case.
