Bail Lawyer Services in Bail Lawyer in Karnal

Why Can an FIR Create Immediate Problems for an Accused Person?

Having an FIR registered against you suddenly puts you in the middle of a criminal investigation. And even if you believe (and are perhaps right in believing) that the allegations are exaggerated, false or motivated by personal vendetta, the mere fact of an FIR being registered against you can lead to serious practical consequences.

In other cases, multiple people get named in one FIR, even if what they are accused of doing is different. For example, a family member, business associate, employee or relative could get named just because of their association with the main accused person.

BK Singh Advocate has seen panicked families who are worried simply because they heard that an FIR got registered, but do not know the facts or the procedure in its entirety.

How Does Fear of Arrest Affect Daily Life?

Apprehension of arrest can disrupt life for an accused even before police detention takes place.

The accused might not want to go to work, travel, attend business meetings or see relatives due to fear of the unknown. The working professional may fear stigma if the employer becomes aware of the case. Business owners may fear loss of business and reputation.

Students are vulnerable to a different sort of pressure. Parents can become anxious about studies, exams and future employment.

Family pressure is another concern. Excessive phone calls, visits by police or inquiries from neighbors can cause humiliation. READ MORE ABOUT HOW FAMILY LIFE CAN CHANGE AFTER ARREST on our How Bail Works page.

BK Singh Advocate talks about apprehension of arrest as one of the primary reasons people start researching bail. Visit our Anticipatory Bail page to learn more about the legalities of fearing arrest.

Why Are Bailable and Non-Bailable Allegations Often Confusing?

For those who do not deal with criminal matters on a regular basis, the distinction between bailable and non-bailable offences is often misunderstood.

One might think that if an offence is non-bailable, one cannot get bail at all. Another person might think that if he is accused of a bailable offence, there are no serious consequences.

The nature of the offence, the allegations, and the stage of the proceeding all play a role. Additionally, multiple sections are often listed in the FIR, further complicating the situation for families. BK Singh Advocate has come across many accused who know their FIR number but have no clue about the legal implications of the sections written against them.

What Problems Can Arise After Arrest?

Once arrest is made the matter becomes serious because now it's the personal liberty of accused that is at stake.

Police take person into their custody or produce them before concerned court. Relatives have to suddenly deal with unknown terms like remand, judicial custody, police custody and bail hearing.

Additionally, being in custody can have practical ramifications outside of court. An individual may lose time at work. If they own a business, they may not be able to manage everyday operations. Parents may be separated from their kids. They may have ongoing financial responsibilities but their ability to earn is impacted.

BK Singh Advocate has witnessed many incidences where spouses, parents and dependent family members also get impacted by custody of accused.

Why Can Police Custody and Judicial Custody Cause Confusion?

Families often hear the term “custody” thrown around, without realizing that there are different kinds of custody that mean different things procedurally.

Police custody is NOT the same thing as Judicial custody.

Sometimes a family thinks an accused is in one type of custody when they are actually in another.

It is common for families to hear that the accused has been “sent to custody”, without knowing where they have been sent, for how long or what order was passed.

Remand proceedings will pass through several dates, orders and procedures. Without copies or accurate information about these events, the family can become more confused about the status of their loved one. BK Singh Advocate has watched families take vague, second-hand information about what kind of custody their relative is in instead of reading the actual court record.

What Documentation Problems Commonly Arise in Bail Matters?

Documents can give you an idea about the progress made in the procedural history of a criminal case. However often times families don’t have access to all of the paperwork from the beginning.

Frequently sought after documents that are often missing or incomplete:

1. Copy of FIR or correct FIR information
2. Police station name
3. Documents relating to arrest
4. Remand order
5. Police notice
6. Previous bail order
7. Copy of Complaint
8. Medical documents if there are allegations of sexual assault or torture
9. Name/Address
10. Prior Court Proceedings

Sometimes the problem is compounded when each family member has different documents.

BK Singh Advocate often encounters situations where missing documents leave you wondering where the matter actually stands.

Why Can Serious Criminal Allegations Increase Bail Anxiety?

Matters that deal with charges of violence, monetary scams, sexual crimes, drugs, mafia or other grave accusations understandably cause more stress and worry for the accused and his family.

Strict laws under special statutory provisions or restrictions may also apply for grave accusations depending on the crime.

There may be worries about lengthy trials, investigation delays and harm to reputation. Family near the accused may be concerned with bail and release from jail. However the criminal matter continues regardless of bail.

BK Singh Advocate wants to point out to readers who participate on criminal-law forums that the issue of bail and the ultimate decision of guilt is a separate issue.

How Can Multiple Accused Persons Complicate a Bail Matter?

Sometimes criminal cases have more than one accused person.

A frequent issue that occurs is family members thinking that just because one accused received an order from the court all of the other accused will automatically get the same type of order.

That is not always the case.

The various allegations against each accused, their alleged involvement, evidence that is available, procedural history and any other circumstances can vary.

For instance, one accused person may be labeled as the prime accused while another is accused of abetting, participating or being present.

BK Singh Advocate often sees accused persons putting too much emphasis on what transpired in another person's matter without appreciating key factual differences.

Why Can Previous Bail Rejection Create Additional Problems?

A prior bail order rejection gets registered in the criminal proceedings record.

The problem is most kin folks know only that the plea was rejected. They may not know what reasons were recorded by the court.

Often an accused swaps counsel or files in another court and may not have the entire earlier order handy.

High Court Bail section of the website deals with bail issues related to superior court proceedings.

BK Singh Advocate feels previous orders are of great value as they have court's recorded observations at that stage of the proceedings.

Can Delay in Criminal Proceedings Affect the Accused?

Criminal cases can drag on for months – or even years – based on the complexities of the matter, the investigation, the evidence and court calendar.

Pending charges can impact decisions about travel, employment, business dealings and family issues. Court dates and investigation-related activities can also interrupt daily life.

Sometimes, simply being named in a criminal proceeding can prompt questions from employers, co-workers, neighbors, family members or business associates.

BK Singh Advocate has witnessed how the stress of an impending criminal case can be almost as stressful for families as the actual legal proceedings.

What Reputation Problems Can an Accused Person Face?

A criminal accusation can damage your reputation even before a court makes any ultimate determination.

News of an FIR / arrest will spread fast, especially in close knit professional and neighborhood communities.

Business owners might be concerned about customers and business partners. Employees might fear discrimination from their employer. Students may experience peer pressure from classmates or schools.

Family may feel shame too. While an allegation does not necessarily mean someone is guilty. Guilt is a legal distinction that may not matter on the street.

Why Can Court Jurisdiction Create Confusion?

The issue of which court is handling the case is another common issue.

Depending on the type and phase of the criminal proceeding at hand, the case may be proceeding in the Magistrate, Sessions Court or High Court.

Family members may refer to all of these courts as if they were the same thing.

Someone might also assume they can file any bail matter directly with any court they want. Criminal procedure doesn't work like that.

There are different headings for types of bail matters under The Bail Services section.

BK Singh Advocate has noticed court levels and procedural stage are often mixed up by those facing a criminal matter for the first time.

How Can Bail Conditions Create Ongoing Problems?

Even if an accused is released on bail, the criminal issue is not automatically ended.

There can be court imposed conditions that remain in place for the accused while the matter is ongoing.

Conditions of attendance at court, investigation, witnesses, travel or other issues may be made depending on the circumstances and order of the Court.

If an accused does not fully understand what the conditions recorded on the bail order mean, they may encounter more difficulties later.

Consider this another reason why bail should not be considered the end of the matter.

What Emotional Problems Do Families Face During Bail Proceedings?

You mom or dad may fear for your future. Your husband or wife may need to suddenly juggle bills, kids and court dates. Grandparents may not know how the criminal system works.

Emotional instability can also lead to hearsay. Somebody may tell you that you are definitely going to be arrested. Someone else may mention how you are not going to get bail. Another person might tell you that your case is just like the most severe criminal case they’ve heard about.

BK Singh Advocate understands these emotions because he frequently encounters them in criminal bail matters. Especially when it’s a family who hasn’t previously experienced any dealings with the police or courts.

Quick Facts About Bail Problems in Karnal

• FIR is just an information. It can’t prove guilt of any person
• Arrest and FIR registration are two different things.
• Anticipatory bail and regular bail are two different facts.
• Bailable offence and Non bailable offence are entirely different.
• Police custody is different from Judicial custody.
• Bail orders passed earlier become part of Case History.
• Bail is not necessarily the end of investigation/trial.
• There can be more than one accused persons with different alleged involvement.
• Conditions imposed on you by the Court may survive your release.

Frequently Asked Questions