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Bail

Bail is a security provided by the accused to ensure attendance in court proceedings, with types including regular, interim, and anticipatory bail. Conditions for granting bail differ between bailable and non-bailable offences, with the court having discretion in the latter. The court also holds the authority to cancel bail and requires a bail bond for acquitted individuals to ensure their availability for potential appeals.

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23 views10 pages

Bail

Bail is a security provided by the accused to ensure attendance in court proceedings, with types including regular, interim, and anticipatory bail. Conditions for granting bail differ between bailable and non-bailable offences, with the court having discretion in the latter. The court also holds the authority to cancel bail and requires a bail bond for acquitted individuals to ensure their availability for potential appeals.

Uploaded by

Tatiana Baby Biju
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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• Bail is a kind of security which is given by the accused to the court

that he will attend the proceedings against the accusations made


upon him and include personal bond and bail bond. Bail is a
mechanism used to ensure that the accused is present before the
court.
• When the application of anticipatory bail is rejected by the Court of
Session, then a fresh application can be made in the High Court. The
Court within whose jurisdiction the arrest has been apprehended has
the jurisdiction to admit the application of anticipatory bail.
• Types of Bail In India
• Regular bail- A regular bail is generally granted to a person who has been
arrested or is in police custody. A bail application can be filed for the
regular bail under section 437 and 439 of CrPC.
• Interim bail- This type of bail is granted for a short period of time and it
is granted before the hearing for the grant of regular bail or anticipatory
bail.
• Anticipatory bail- Anticipatory bail is granted under section 438 of CrPC
either by session court or High Court. An application for the grant of
anticipatory bail can be filed by the person who discerns that he may be
arrested by the police for a non- bailable offence.
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• Conditions For Grant of Bail In Bailable Offences
• Section 436 of Code of Criminal Procedure, 1973, lays down that a
person accused of bailable offence under IPC can be granted bail.

• Cancellation of Bail
Conditions for bail in bailable offence are:
• There are sufficient reasons to believe that the accused has not
committed the offence.
• There is sufficient reason to conduct further enquiry in the matter.
• The person is not accused of any offence punishable with death, life
imprisonment or imprisonment up to 10 years.
• Conditions For Grant of Bail In Non-Bailable Offences
• Section 437 of Code of Criminal Procedure,1973 lays down that the accused does
not have the right to apply for bail in non-bailable offences. It is discretion of the
court to grant bail in case of non-bailable offences.

• Conditions for bail in non- bailable offence are:


• If the accused is a woman or a child, bail can be granted in a non-bailable
offence.
• If there is lack of evidence then bail in non-Bailable offences can be granted.
• If there is delay in lodging FIR by the complainant, bail may be granted.
• If the accused is gravely sick.
Cancellation of bail
• Court has the power to cancel the bail even at a later stage. This
power is laid upon the court under section 437(5) and 439(2) of the
CrPC. The court can cancel the bail granted by it and give directions to
the police officer to arrest the person and keep in police custody.
• Section 437A of the Criminal Procedure Code (CrPC) -- requires that a
person acquitted has to furnish a bail bond and sureties, valid for a
period of six months, to be released from custody. This is to ensure he
or she is available if the state prefers an appeal against the acquittal.
Anticipatory bail
• Anticipatory bail is a direction to release a person on bail, issued even
before the person is arrested. It is only issued by the Sessions Court
and High Court.
• At the time of approaching the Courts to secure Anticipatory Bail, one
will need to establish that he has reasonable belief that he may be
arrested on accusation of having committed a non-bailable offence or
the trial court has taken cognizance of criminal complaint and
summons or warrant has been issued against him.
• An Anticipatory Bail Application can be filed before registration of FIR.
The word Anticipatory itself means that the applicant is apprehending
his arrest in a non bailable offence.

• Court grants anticipatory bail by considering


• The nature and gravity of the accusation.
• The antecedents of the applicant including the fact as to whether he has
previously undergone imprisonment on conviction by a Court in respect
of any cognizable offence.
• The possibility of the applicant to flee from justice.
• Where the accusation has been made with the object of injuring or
humiliating the applicant by having him so arrested, either reject the
application forthwith or issue an interim order for the grant of
anticipatory bail

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