Bail Lawyer Services in Bail Lawyer in Hapur

Why Does an FIR Create Immediate Pressure on an Accused Person?

An FIR is filed without allowing the accused a chance to know about the allegations leveled against him. People are aware that a case has been registered against them, their family members.

But they may not have the copy of FIR with them and may not even know the exact provisions under which the case has been registered.

People fear that now police will come to arrest them from home or office. Parents feel ashamed that their child is now a criminal and will be embarrassed in front of others. Employees fear suspension from job or not being able to go to work. People running business worry about meeting clients, traveling and managing their daily affairs.

Advocate BK Singh realized that people tend to regard FIR registration as if they have been proven guilty. That is not how it works legally.

Why Can Bailable and Non-Bailable Offences Cause Confusion?

One of the biggest confusions that I come across in bail applications is related to confusion between bailable and non-bailable offences.

In case of a bailable offence, bail is treated as a matter of right, subject to fulfilment of certain procedural requirements. The position is different in case of a non bailable offence, where grant of bail is contingent upon discretion of the Court, depending upon the nature of accusation against the applicant and the facts and circumstances of the case.

BK Singh Advocate has come across several accused persons who are unaware of the fact that the sections listed against them are bailable or non-bailable.

What Problems Arise After Arrest?

Arrest alters the scenario drastically.

After arrest, relatives start hearing things like police custody, judicial custody, remand, production before court, regular bail etc. They do not know where the accused has been taken to, or which court has taken cognizance or will hear the matter.

Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the law on modern criminal procedure in India. It has provisions related to bail and bonds.

These provisions differentiate various types of offences and procedural circumstances.

Advocate BK Singh says many families think that once somebody is arrested, he will have to rot in jail for years together. Sometimes people have the perception that an accused should be released at the earliest just because an application is filed.

Why Does Fear of Arrest Create a Different Problem?

Calls from police, notices, repeated questioning, a co-accused sharing information or even hearing about an FIR can cause dread that at any moment you could be arrested.

Under BNSS, the question of anticipatory bail deals with relief requested by a person who fears arrest for a non-bailable offence.

On the verified Anticipatory Bail page, we discuss the general difference between anticipatory bail and regular bail after arrest.

One thing that BK Singh Advocate often sees is people mixing up anticipatory bail with cancellation of FIR.

These are two different legal concepts. Bail is about the freedom of an individual during a criminal trial; it does not automatically drop the FIR either.

Why Can Serious Allegations Make Bail More Complicated?

The particular accusation also plays a role in determining how serious a bail issue is.

Charges that involve violence, threats, organized activity, financial crimes, sex crimes, repeat criminal behavior or serious physical harm will understandably raise more legal and factual issues.

Additionally, courts have looked at the seriousness of the allegations with the role you have been accused of playing. Issues are more serious where the First Information Report (FIR) attributes a specific role to the individual rather than just makes generalized allegations against a group of people.

Advocate BK Singh says, “Often times accused persons will only pay attention to the name of the offense and not what the complainant is actually alleging that you personally did.”

Why Can Previous Criminal Cases Become a Major Problem?

Old criminal cases can play a vital role while dealing with bail applications.

The defendant could have:

• A previous FIR
• An ongoing criminal matter
• A prior bail order
• An old arrest
• Another case from different districts
• An old conviction

Sometimes parents feel it doesn’t matter since it is an old case which happened X number of years ago. Sometimes people just cannot remember case numbers or what old pending cases are currently.

BK Singh Advocate views half knowledge of past criminal activity as a severe practical issue as bail hearings are dependent on revelation of facts & pacer records.

Just because you had a case before does not mean you will win or lose your current matter. However it can play a role on your background.

Why Do Multiple FIRs Create Additional Bail Concerns?

Having one FIR pending can be stressful. Having multiple FIRs registered can complicate matters exponentially.

One FIR may be at one police station while another is at a different station. There can be different courts, different allegations, or even separate complainants.

Family members often believe that because their loved one has bail in one matter, they cannot be arrested for any other issue. This is not the case, which can lead to a lot of confusion.

Advocate BK Singh says he has handled situations where individuals only found out about another FIR when they were confronted with another criminal matter.

How Can Allegations of Witness Threatening Affect a Bail Matter?

False Allegations Regarding Witnesses

Allegations involving witnesses can be very tricky.

The complainant may allege that the accused called or threatened witnesses or tried to pressurize or influence them after the FIR was filed.

Technology can further compWFUCE these battles. Phone calls, texts, WhatsApp conversations, recordings, emails and social media can all later become evidence.

Advocate BK Singh says that families tend to discount these accusations because “nothing happened” in person. Criminal matters can include virtual as well as physical actions.

Why Is Evidence-Tampering Allegation a Serious Concern?

Evidence may be document/cctv/floor map/mobilerecord/db, computer device,evidence,f_ACCOUNTS/receipts/tangible objects.etc.

Obviously we can't believe every allegation. The issue is that these types of allegations can color the accused's behaviour leading up to court.

BK Singh has noticed accused persons be quite surprised that conduct after the FIR is also debated along with the FIR.

Why Can Missing Documents Create Serious Confusion?

Many bail issues start with a missing document.

The family may be aware that an FIR has been filed but they don’t have a copy with them. They may be aware the accused has been presented in front of the judge but the family may not have the remand order in their possession.

Occasionally, the documents are presented but no one in the family knows how to read it.

Frequently important documents are

• Copy of FIR or complaint
• Any kind of notices received from police
• Documents handed over by police at the time of arrest
• Remand order copy
• Copies of any previous bail order
• Documents which can establish identity
• Documents which can establish address
• Copies of past criminal history
• Any documents showing communication or transaction (if relevant)
• Medical documents if injury is involved.

BK Singh Advocate often comes across families who trust hearsay rather than hard evidence from the court or police files.

This can lead to them not understanding where the case actually stands.

Why Can Incorrect FIR Details Create Additional Problems?

Names, addresses, dates and factual events described in the FIR may not necessarily be how the accused person perceived them. Several family members or employees may be named together. Sometimes each accused person is alleged to have played different roles.

The accused may disagree with the inclusion of a certain factual statement, or may feel it is exaggerated or left incomplete. Regardless of these differences, the FIR goes on to become an important starting document of the criminal case.

Advocate BK Singh explains how the problem arises when families think of the dispute in general terms, but court proceedings examine specific allegations and individual responsibilities.

Why Does Court Jurisdiction Matter in Hapur?

Various criminal courts have various powers. Further, a matter can arise at different stages of proceedings. Hence, a particular question/matter can arise in one court and not in the other.

Many get confused between:

• Court of Magistrate
• Court of Sessions
• High Court
• Trial
• Investigation Stage

Jurisdictional confusion happens quite often, specially with people filing a case for the first time. says BK Singh Advocate.

Why Can Bail Rejection Create Greater Anxiety?

The rejection of a bail application can be very upsetting.

Family members may view rejection as confirmation that: the criminal case against their loved one is strong; or he or she will be in jail for the entire trial.

Neither of these conclusions are necessarily true, but the emotional response is natural.

The order rejecting bail can also include comments on the allegations, investigation, custody or any number of other issues.

BK Singh has found families tend to be even more nervous after rejection because they don't realize there is a difference between a bail-stage finding and a final determination at trial.

Why Do Students Face Special Problems in Bail Matters?

Yet another stressor young accused persons and students have to deal with. Parents stress about college, exams, future college admissions, internships and their child's social reputation.

Students themselves don't always know how police take statements etc. I've watched families especially worry when their young child with no previous experience with courts ends up named in a criminal matter.

Stress before finding guilt.

What Problems Can Arise During Police Investigation?

Police investigation can include interviews, interviews of witnesses, gathering of electronic records, documents or physical evidence.

Family members sometimes expect the investigation to move fast because they think the case is "open and shut".

Advocate BK Singh says not knowing what is happening during investigation is one of the most stressful things about a bail warrant criminal case.

Can Social Media Activity Create Problems During a Criminal Case?

It may depend on the facts.

Material added even after FIR is filed may also sometimes be relevant to allegations of threat/behaviour/contact etc.

BK Singh Advocate has noted that users tend to carry on using social media as usual without realizing their online behavior can become evidence in a contested statement of facts.