How to Get Bail in Nepal: Criminal Defense Guide 2025

Understanding Bail in Nepal

Getting arrested is one of the most terrifying experiences anyone can face. In Nepal, the Criminal Procedure Code (Muluki Foujdari Karyabidhi Samhita) 2074 provides specific rights for accused persons, including the right to seek bail.

This guide explains the types of bail, when you can get it, and what happens if it’s denied.

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What is Bail?

Bail (Dharauti) is a legal mechanism that allows an accused person to be released from custody while awaiting trial. In exchange, the person or their guarantor provides a financial guarantee (cash or property) that they will appear in court.

Types of Bail in Nepal

1. Police Bail (Thauna Mukti): Granted by the investigating officer at the police station. Applies to minor offenses.
2. Court Bail (Adalat Dharauti): Granted by a judge after a formal hearing. Required for serious offenses.
3. Conditional Bail: Release with restrictions (e.g., travel ban, passport surrender, regular police reporting).

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When is Bail Automatic?

Under the Criminal Procedure Code 2074, Section 33, bail is a right (not a privilege) for offenses punishable by less than 3 years imprisonment.

Bailable Offenses (Examples):

• Simple theft (under NPR 10,000)
• Minor assault without grievous injury
• Public nuisance
• Minor traffic violations
• First-time minor drug possession

What Happens:

• The police must release you on bail after recording your statement.
• If they refuse, you can immediately petition the District Court.

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When is Bail NOT Automatic?

For serious offenses punishable by more than 3 years imprisonment or offenses involving public safety, bail requires a court hearing.

Non-Bailable Offenses (Examples):

• Murder, Attempted Murder
• Rape, Sexual Assault
• Kidnapping
• Human Trafficking
• Large-scale Drug Trafficking
• Organized Crime
• Terrorism-related offenses
• Corruption (high-value cases)

What Happens:

• The police will produce you before a judge within 24 hours of arrest.
• The prosecutor will argue against bail.
• Your lawyer must argue for bail based on factors like ties to community, health, and lack of flight risk.

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The 24-Hour Rule

Nepal law strictly requires that any arrested person be produced before a judicial authority within 24 hours (excluding travel time and holidays). This is your constitutional right under Article 20 of the Constitution of Nepal 2072.

If the police fail to produce you:

• The detention is illegal.
• You can file a Habeas Corpus petition at the High Court.
• The arresting officers can face disciplinary action.

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Bail Hearing: What Happens in Court?

When you appear before a judge for a bail hearing:

1. The Prosecutor’s Argument: They will argue why you should remain in custody (severity of offense, risk of evidence tampering, flight risk).
2. Your Lawyer’s Argument: Your lawyer will counter with arguments for release (community ties, no prior record, medical conditions, weak evidence).
3. The Judge’s Decision: The judge will either:
   • Grant bail with conditions
   • Deny bail and remand you to custody
   • Adjourn for further investigation

Bail Amount Factors:

• Severity of the alleged crime
• Your financial status
• Risk of absconding
• Prior criminal record

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If Bail is Denied: What Next?

If the District Court denies bail, you can appeal to the High Court immediately. This is called a Punarabedan (appeal).

In the meantime:

• You will be held at the District Jail (Karagaar).
• Your family can visit during visiting hours.
• Your lawyer can continue working on your defense.

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Emergency Bail: 24/7 Assistance

Some situations require immediate legal intervention:

• Late-Night Arrests: Police often arrest people at night to delay court production.
• Holiday Arrests: Courts are closed, but illegal detention is still illegal.
• Cyber Crime Cases: Section 47 ETA cases are often non-bailable during investigation.

What We Do:

• Our lawyers are available 24/7 for emergency bail hearings.
• We file urgent Habeas Corpus petitions if detention is illegal.
• We negotiate with prosecutors before formal charges.

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Tips for Families

If your family member is arrested:

1. Stay Calm: Don’t argue with police at the scene.
2. Note Details: Record the time of arrest, officers’ names, and police station.
3. Contact a Lawyer Immediately: The first 24 hours are critical.
4. Don’t Sign Anything: Advise your family member not to sign any documents without legal counsel.
5. Prepare Documents: Gather citizenship, employment proof, and property documents for bail.

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Conclusion

Bail is a right enshrined in Nepali law, but exercising that right requires quick action and legal expertise. Whether it’s a minor case or a serious accusation, having a lawyer by your side from the first moment of arrest can make the difference between freedom and weeks in custody.

Disclaimer: Bail outcomes depend on the specific facts of each case. This article provides general information only. For urgent bail assistance, call our 24/7 emergency line.