Table of Contents
Bail by police officer and bail in case of bailable offence
A police officer arresting an accused person has the power to grant bail if the alleged offence is bailable,
So in case of a bailable offence bail is a right of an accused.
Section 436 of the CrPc.,1973 provides for the same.
The guidelines of the Supreme Court given in the case of Arnesh Kumar Vs the State of Bihar, Criminal Appeal No.1277 of 2017 the grant of bail even if the offence alleged are non-bailable and having a maximum of seven years of punishment.
In many cases police are violating the rule of law crafted in section 436 of the CrPC.,1973 and the direction of the apex court given in the case of Arneesh Kumar and the magistrate is also having collusion with the police department and not allowing the bail taking various grounds such is police diary not come etc.
In this case, ask for the provisional bail.
Always file complaints against the erring police officer violating the provision of law and the guidelines of the apex court before the District Police Complaint Authority.
District Police complaint Authority is working in each district at the Office of the SP/DCP.
District Police Complaint Authority has been constituted as per the direction of the Supreme Court of India given in the landmark judgment of the police reform i.e. Prakash Singh Vs UOI, 2006
