In order to get bail in an environmental court case, you will need to apply for bail through the court in which your case is being heard. In this article, i have explained How to get Bail in Environment Court Cases

Table of Contents

1. Introduction

2. What is Bail in India?

3. How to apply for bail in environmental cases

4. Procedure for Bail

5. Types of offences in Environmental law

6. When can bail be denied or accepted

7. Why you need a lawyer for bail in environmental court cases

 

How to get Bail in Environment Court Cases

1. Introduction:

In most cases, related to all matters the person charged with a crime has the right to be released from custody while they await trial, subject to certain conditions. This release is known as “bail.” The purpose of bail is to ensure that the accused person returns to court for their trial or any other required court appearances. Environmental law is not an exception to this principle.

If you are unable to pay the full amount of bail, you can ask the court to lower the amount. The court will consider factors such as your ties to the community, your employment status, and your criminal record when deciding whether to lower the bail amount. You can make this request through a lawyer or by filling out a form and submitting it to the court.

2. What is Bail in India:

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Bail Can be of three types

A. Regular Bail ( Bail after arrest): Falls under Sections- 437 and 439 of the Code of Criminal Procedure.

B. Anticipatory Bail or Pre-Arrest Bail: Falls under Section 438 of the Code of Criminal Procedure.

C. Interim Bail: ( for some time being )

3. How to apply for bail in environmental court cases

• Bail in case of a bailable offense

In order to get bail in a bailable offense a person accused of an offense has to submit Form- 45 given in the Second Schedule to the court in which his case is being heard

• Bail in case of a non-bailable offense

Bail can also be granted in non-bailable offenses, He must submit the same form as above to the court where his case is being heard, but bail is granted solely at the discretion of the judge.

• Submission of Bail bonds

Once the bail is allowed then bail bonds are required to be submitted to the trial court.

Related Post:- How to file FIR in Haryana

4. Procedure for bail in environmental court cases

Regular Bail Procedure in environment court cases:-

i. Filling regular Bail Applications in environmental court

The procedure of Regular Bail begins with filling up of Bail Application. Bail can be Under 436,437 and 439 of The Code of Criminal Procedure 1973.

Bail application should be filled at the lower court/trial court first.

ii. Hearing of Bail Application in environmental court

Once the bail application is filled it will be put before the judge for a hearing. Then the concerned judge will issue a notice to the public prosecutor and after the notice, a date for arguments will be given.

iii. Arguments on Bail Application

Once your bail application is admitted for hearing then arguments will be done on the merits of the case. Here the role of a lawyer will come the lawyer will try to convince the judge so that the concerned judge will allow your bail application. Once your bail application is allowed then you are just a few steps away to get out of Jail.

iv. Submission of Bail Bonds in trial court.

Once your bail application arguments are done. You are required to submit a bail bond to the concerned magistrate.

v. Release warrant

Once your bail bonds are submitted the court will issue a release warrant and you will be out of Jail.

Anticipatory Bail Procedure in environmental court cases:-

i. Filling of Anticipatory Bail Application

The Court of Session and Highcourt has the power to grant Anticipatory Bail to the person who is accused of an offense.

ii. Hearing of Anticipatory Bail Application

Once the Anticipatory Bail application is filled it will be put before the judge for a hearing. Then the concerned judge will issue a notice to the public prosecutor and after the notice, a date for arguments will be given. Further, it is pertinent to mention that judge can also grant interim anticipatory bail initially.

iii. Arguments on Anticipatory Bail Application

Once your bail application is admitted for hearing then arguments will be done on the merits of the case. Here the role of a lawyer will come the lawyer will try to convince the judge so that the concerned judge will allow your bail application.

iv. Joining investigation.

Once your Anticipatory bail application is allowed then you will be most probably required to join the investigation within 10-15 days and in event of your arrest police officer has to accept your bond as per the order of the court.

5. Types of offences in Environmental law

There are several types of offenses that can be considered environmental crimes, including:

A. Pollution crimes: These are offenses that involve the release of harmful substances into the environment, such as air pollution, water pollution, and soil contamination.

B. Wildlife crimes: These offenses involve the illegal trade in endangered species or the poaching of protected animals.

C. Deforestation and habitat destruction: These crimes involve the illegal clearcutting of forests or the destruction of natural habitats.

D. Illegal dumping: This refers to the unlawful disposal of waste, including hazardous materials and chemicals.

E. Overfishing: This refers to the illegal catching of more fish than allowed by law, which can lead to the depletion of fish populations.

F. Violations of environmental regulations: This can include failing to obtain necessary permits for activities that have an impact on the environment, or violating regulations that are in place to protect the environment.

6. When can bail be denied or accepted in Environment court cases

There are several factors that a judge will consider when deciding whether to grant bail to an accused. Some of the factors that may influence the decision to grant or deny bail include:

A. The severity of the crime: Bail may be denied for more serious crimes. But a good criminal defense lawyer can help you to prepare your defense

B. The accused criminal history: If the accused has a history of criminal activity or a history of failing to appear in court, the judge may be more likely to deny bail. As Bail can be denied to an accused if he has been previously convicted of an offense punishable with at least 7 years imprisonment, life imprisonment, and the death penalty and/ or has been previously convicted on 2 or more occasions in cognizable offenses.

C. The accused ties to the community: If the accused has strong ties to the community, such as a job, a family, and a fixed address, the judge may be more likely to grant bail.

D. The accused financial resources: If the accused has the financial resources to flee, the judge may be more likely to deny bail.

E. The accused risk of flight: If the accused is considered a flight risk, the judge may be more likely to deny bail.

F. The accused risk to the community: If the accused is considered a danger to the community, the judge may be more likely to deny bail.

A criminal lawyer plays an important role when a person is seeking bail. The lawyer can represent the accused at the bail hearing and argue on their behalf for why they should be granted bail.

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7. Why you need a lawyer for bail in environmental court cases

If you are facing an environmental court case, it can be helpful to have a lawyer by your side to guide you through the legal process and advocate for you. Here are a few reasons why having a lawyer for bail in environmental court cases can be beneficial:

i. A lawyer can provide legal representation at the bail hearing: A lawyer can present your case to the judge and argue for why you should be granted bail. They can present evidence and make legal arguments on your behalf, and negotiate with the prosecution to try to reach an agreement on bail conditions that are fair and reasonable.

ii. A lawyer can provide legal advice and guidance: A lawyer can help you understand the legal options available to you and the potential consequences of each option. They can advise you on the best course of action to take in your case and help you make informed decisions about your defense.

iii. A lawyer can protect your rights: A lawyer can ensure that your rights are upheld throughout the legal process and that you are treated fairly by the court. They can advocate for you and defend your interests in court.

iv. A lawyer can negotiate with the prosecution: A lawyer can work with the prosecution to try to reach a plea bargain or other agreement that may be more favorable to you. They can also negotiate on your behalf to try to reduce the charges or penalties you are facing.

Overall, having a lawyer by your side can provide valuable support and representation as you navigate the legal system and fight for your rights in an environmental court case.

FAQs (Frequently Asked Questions)

1. How much time does it take to get Anticipatory Bail?

Time is not fixed for a case for bail. However, the general procedure is once we File Anticipatory Bail the court then the court decides. Usually, it’s a maximum of 7 days.

2. Can bail can be obtained in Air Pollution Case?

Yes, It can be obtained.

3. How to get Bail in Bailaible offenses.

Court has to give Bail in Bailaible offenses. But in order to get bail in a bailable offense, the suspect has to submit Form- 45 given in the Second Schedule to the court in which his case is being heard

4. Can bail can be obtained in Wildlife protection act cases ?

Yes we can definitely apply bail application in  cases related to Wildlife .

5. Role of a lawyer in Bail Application. ?

You must take the help of a criminal lawyer for your bail matter. A criminal defense lawyer knows the strategy of defense and he/she can help you to get bail. To read How to Find Criminal Defense Lawyer click here

Sources:-

Sources:-

1. How to get Bail- Explained by Vishal Saini Adv

2.The Code of Criminal Procedure, 1973