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/Section
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
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