How To Get Bail In Ipc Section 307/ Section 109 BNS (Attempt To Murder) Cases?

The Indian Penal Code (IPC) Section 307/Bhartiya Nyaya Sanhita (BNS) Section 109 deals with “Attempt to Murder”, a serious non-bailable offense punishable with death penalty (now provides for death or with imprisonment for life which shall mean the remainder of that person’s natural life). Securing bail under this section is challenging but possible. Courts consider several factors before granting bail, such as the severity of the offense, intention, nature of injuries, weapons used, and the accused’s background.

This article explains the legal provisions, bail procedures, grounds for bail, landmark judgments, and strategic legal arguments to secure bail under Section 307 IPC/ Section 109 BNS.

What is Section 307 IPC/ Section 109 BNS? 

Section 307 IPC/Section 109 BNS punishes anyone who tries to cause death with clear intent, but just trying isn’t the same as succeeding. The law says if your act could cause death and you meant it, you face heavy jail time, even life imprisonment. That’s why courts treat these cases seriously.

Key things to know:

• You must have intended or knowingly tried to kill.
• The act should be strong enough to cause death.
• It’s a cognizable and non-bailable offense, meaning police can arrest without a warrant and bail isn’t automatic.

What Does Bail Mean Here: Is It Even Possible?

I often hear, “Can I get bail in an attempted murder case?” The honest answer: It’s tough but not impossible. Bail in these cases is at the court’s discretion, and they carefully weigh:

• Did you really intend to kill?
• How serious were the injuries?
• What’s your criminal background?
• Are you likely to tamper with evidence or flee?

I’ve seen cases where clients with minor injuries and no prior records got bail quickly by proving the prosecution’s story wasn’t strong.

Types of Bail You Should Know Before Applying

• Anticipatory Bail: Applied before arrest if you believe police may arrest you.
• Regular Bail: Applied after arrest and custody.
• Interim Bail: Temporary bail pending final hearing.

Knowing which type suits your situation is crucial. I guide clients to file anticipatory bail early to avoid police custody, but every case is different.

Key Factors Courts Look at: What I’ve Learned from Experience

When I prepare bail applications, I focus on these points courts consider critical:

Is there a prima facie case? Sometimes, the complaint lacks sufficient proof.

• Nature of injuries: Were they minor or serious?
• Intent: Did the accused truly intend to kill or was it a scuffle gone wrong?
• Criminal history: First-timers usually get more benefit of doubt.
• Risk of fleeing or tampering: Courts deny bail if you might hide or influence witnesses.

Highlighting these clearly can make all the difference.

Real Case Lessons: How Landmark Judgments Help Us Win Bail

• In Ratan Singh v. Gujarat (2004), the Supreme Court stressed intent is the heart of the offense, no clear intent, bail can be given. This helps us argue when injury happened by accident, not design.
• Similarly, in Rajdeep Singh v. Punjab (2023), bail was granted because the FIR was delayed and injuries were not fatal, just like I’ve seen in many genuine cases were haste and misunderstanding cause false accusations.

Step-by-Step: How I Help Clients Apply for Bail Under Section 307 IPC/Section 109 BNS

Anticipatory Bail Application

• File under Section 438 CrPC/Section 482 BNSS in High Court or Sessions Court.
• Show clear reasons why arrest is likely and explain your side.
• Highlight cooperation and no history of fleeing.

Regular Bail Application

• File under Section 439 CrPC/Section 483 BNSS after arrest.
• Present medical reports and witness statements supporting your case.
• Argue delay in FIR or inconsistencies in prosecution’s story.

Top Legal Arguments That Win Bail: Straight from the Courtroom

From my experience, these arguments carry weight:

• Minor or no injury: Courts are more lenient if injuries aren’t severe.
• No intention to kill: If it was a fight, not a planned attack.
• Delay in FIR filing: Can suggest false complaints or misunderstanding.
• False implication: Motive behind accusing you wrongly.
• Compromise between parties: Especially if related or provoked suddenly. Each argument backed by evidence and case law strengthens your chance.

What Bail Conditions Can You Expect? Prepare Ahead

If bail is granted, courts may ask you to:

• Surrender passport (to prevent fleeing).
• Stay within jurisdiction.
• Regularly report to police.
• Avoid contacting victim or witnesses.
• Provide surety bonds.

Knowing these helps clients comply fully and avoid bail cancellation.

Final Words: What I Wish Every Accused Knew About Bail in Section 307 IPC/ Section 109 BNS Cases

I’ve seen the fear and uncertainty when clients face Section 307 IPC/ Section 109 BNS charges, but with the right legal help, you can navigate bail successfully. Don’t lose hope if the charge is serious. Focus on strong evidence, honest explanations, and timely legal applications.

If you or someone you know faces such charges, speak to a criminal lawyer immediately. Early intervention and a clear strategy can save you months or years behind bars.

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FAQs

1. What is the difference between anticipatory bail and regular bail under Section 307 IPC/Section 109 BNS?

Anticipatory bail is applied for before arrest to prevent detention, while regular bail is sought after arrest and custody.

2. Can someone accused under Section 307 IPC/ Section 109 BNS get bail easily?

Bail is discretionary and granted based on factors like injury severity, intent, criminal history, and risk of tampering with evidence.

3. How important is medical evidence in securing bail for attempted murder cases?

Medical reports indicating minor or superficial injuries can significantly improve chances of bail.