Criminal Defence

What happens at a first bail hearing

Anjali Shrestha · · 4 min read

What happens at a first bail hearing

Families often reach a lawyer after the first hearing. By then some of the most consequential decisions have already been made.

What the court decides

Whether the accused is remanded in custody, released on bail against security, or released on personal recognisance. The court weighs the seriousness of the allegation, the strength of the material and the risk of absconding.

Why counsel matters here

The application is where the defence first puts its position. Ties to the district, employment, health and the weakness of the material against the accused all belong in it, supported by documents.

The statement

A statement recorded during investigation is difficult to walk back at trial. This is the single most common way a defensible case becomes a difficult one.

If bail is refused

Refusal can be challenged before the higher court, within a limited window. Acting quickly matters.

About the author

Anjali Shrestha

Founder & Managing Advocate

Most disputes are decided by a document somebody signed without reading. My job starts before that.