Once an arrest has taken place the question is no longer prevention but release. Post-arrest bail is decided differently from pre-arrest bail, and understanding that difference avoids a good deal of wasted effort.
Bailable and non-bailable offences
In bailable offences bail is a right, and should follow as a matter of course on furnishing surety. In non-bailable offences it is discretionary, and the court weighs the available material before deciding.
So the first thing to establish is which category the alleged offences fall into.
Which court to approach
Applications ordinarily begin before the court of Sessions. If refused there, the matter can be taken to the High Court. Each stage is a fresh consideration rather than a simple appeal against the earlier view.
Grounds that carry weight
- The evidence calls for further inquiry rather than pointing clearly to guilt
- Unexplained delay in registering the FIR
- No prior record, and no real likelihood of absconding
- Continued custody serving no remaining investigative purpose
- Medical grounds, or the age or sex of the accused where relevant
If bail is refused
Refusal is not necessarily final. A fresh application may become possible where circumstances change, for instance once the investigation concludes, the challan is submitted, or the trial is delayed substantially through no fault of the accused.
What to do next
Bring the FIR, the arrest details, any medical records, and the names of proposed sureties. The sooner an application is prepared, the less time is spent in custody while it is heard.