Nature of grievance

When a Criminal Prosecution is initiated by way of Complaint before Magistrates Court, and the offence alleged is a “Bailable offence, then, at the first hearing of the case, where the Accused “does not plead guilty” before the Magistrate, then he has to move an Application before the Magistrates Court, that he be released on Bail, or on his own Bond, till the conclusion of trial.

Also, sometimes, where the Offences alleged are only “Bailable” in the FIR, and where the arrest is effected; and where the officer In-charge of the Police Station, instead of granting Bail by himself, forward the Accused to the Magistrates Court; in that situation, the Bail may be obtained from the Magistrates Court