Criminal Defense & Bail

Expert Criminal Defense & Bail Lawyers in India

Specialized Legal Services by One Counsel

At One Counsel, we specialize in criminal defense with a focused expertise in bail matters. Whether it is a regular bail, anticipatory bail, or a bail appeal in High Courts or the Supreme Court, our experienced team is committed to securing your liberty and protecting your constitutional rights.

Our Criminal Law Services

We provide end-to-end legal assistance in:

  • Regular Bail: Ensuring release post-arrest in both bailable and non-bailable offenses.
  • Anticipatory Bail: Legal protection against arrest when there's an apprehension of being charged.
  • Bail Appeals: Filing and arguing bail applications in appellate courts.
  • FIR Quashing: Moving High Courts under Section 482 CrPC to quash malicious or baseless FIRs.
  • Legal Consultation & Representation: From pre-arrest guidance to trial representation.

Understanding Bail in Indian Criminal Law

Bail serves as a safeguard of individual liberty. The Bhartiya Nyay Sanhita, 2023 distinguishes between bailable and non-bailable offences. Bail is a matter of right in bailable cases and at the court's discretion in non-bailable cases. Courts consider the gravity of the offence, antecedents of the accused, and risks like absconding or tampering with evidence.

Landmark Supreme Court Judgments on Bail & Arrest

Arnesh Kumar v. State of Bihar (2014)

This judgment significantly curtailed unnecessary arrests in offences with punishment of less than seven years. The Supreme Court directed that:

  • Police must justify necessity of arrest under Section 35 BNSS.
  • Magistrates must ensure compliance before authorizing detention.
  • Default arrest in matrimonial disputes is discouraged.
  • "No arrest should be made only because the offence is non-bailable and cognizable." – Supreme Court in Arnesh Kumar

D.K. Basu v. State of West Bengal (1997)

This decision laid down crucial guidelines to prevent custodial torture and protect arrestees, affirming Article 21 (Right to Life and Personal Liberty). Key directives include:

  • Intimation of arrest to a relative or friend.
  • Arrest memo signed by the accused and a witness.
  • Medical check-up every 48 hours.
  • Right to consult a lawyer during interrogation.

These procedures are mandatory and non-compliance can attract departmental and legal consequences

Rights of an Accused During Arrest

Under Indian law and reinforced by the Hon’ble Supreme Court, every accused has the right to:

  • Legal Representation (Article 22)
  • Be informed of grounds of arrest
  • Remain silent (Right against self-incrimination – Article 20(3))
  • Be produced before a magistrate within 24 hours
  • Protection from torture or inhuman treatment

Why Choose One Counsel?

  • 🧠 Deep Legal Expertise in criminal law and bail proceedings
  • 🧾 Client-Focused Approach with discreet and personalized strategies
  • ⚖️ Strong Courtroom Presence in District Courts, High Courts, and Supreme Court
  • 🛡 Quick Response in Urgent Arrest Situations
  • 📜 Transparent Advice & Cost-Efficient Representation

At One Counsel, we don't just fight cases—we protect rights and preserve freedoms.

Contact Us

If you or someone you know is facing criminal charges or apprehending arrest, reach out to One Counsel for prompt, reliable, and strategic legal assistance.

📍 Address: 352 E/5, Munirka, Delhi – 110067

📧 Email: onecounselindia@gmail.com

📱 Phone: +91-9555506208

Let our experience in criminal law and bail litigation work for your freedom.

Disclaimer: This website content is intended for informational purposes only and does not constitute legal advice. For a detailed assessment, please schedule a consultation with our team.