Response

The Section charged against you under the provisions of IPC are Bailable Offense except Section 420 of IPC which is Non Bailable. It is only on the discretion of the Hon’ble Court to grant a bail or not, but if we make strong averments in the Bail Application the Court may grant you Bail.

In case of apprehension of arrest in a complaint filed under section 420, it is advisable to apply for an anticipatory bail. A person can apply for an anticipatory bail if he anticipates that a case is filed against him under section 420 of the IPC. In case an anticipatory bail is not applied or granted, the accused can file for a regular bail also. An offense committed under section 420 is a non-bailable offense and bail under this section is at the volition of the Court.

A person charged under section 420 of the Indian Penal Code, 1860 can either apply for a pre-arrest bail i.e. anticipatory bail or post-arrest bail i.e. regular bail.
A person can apply for an anticipatory bail under section 438 and a regular bail under section 439 of the Criminal Procedure Code, 1973.

If the Court of Sessions does not grant bail, a subsequent bail can be filed in the same Court and before the same judge where it was previously applied for. However, a subsequent bail application can only be entertained by the Court if any new fact or circumstance has been discovered.

Reference: Section 420 of Indian penal code,1860

Section 438 of the Criminal Procedure Code, 1973

Section 439 of the Criminal Procedure Code, 1973

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LAWAYZ-2023-257