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Bailable offences are regarded as less grave and less serious. There the accused is granted bail easily. Non-bailable offences are serious offences where bail is a privilege and only the courts can grant
In cognizable offence, the police can arrest a person without any warrant. While, in case of non-cognizable offence, a warrant must needed for arrest of person
In case of bailable offence, if there are sufficient reasons to believe that the accused has not committed the offence or if there is sufficient reason to conduct further enquiry in the matter or if the person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years, such person may be released on bail. Whereas in case of non-bailable offence, there only some exceptions such as if the accused is a female, bail may be granted.
Generally, bail is granted by the police or by the Court. The police will generally grant bail within 24 hours of your arrest. Should the police decide that bail is not appropriate, then you can go to the court and apply for court-ordered bail.
There are generally three types of bail in India- regular bail, anticipatory bail and interim bail.
Granting bail is mostly a discretion of the Court and a court, after considering various factors, grants or denies bail.
If you are refused bail, you will remain in custody on remand until the date of your hearing. You will stay there until your court appearance and sentencing.
Bail can be applied as many times as an accused wants. There is no bar in the Code of Criminal Procedure to not entertain the second/third application or any number of application for that matter.
The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.
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