How to get Bail

What is bail?

In general terms, bail means the temporary release of a suspect in any criminal offence who is awaiting court trial after paying the bail bond. It becomes applicable after arrest and becomes effective from the moment of the arrest. An offence is any act or omission made punishable by law for the time being in force. When a suspect is arrested, his statement is taken on record and personal information such as his name, birthplace, present residential address, date of birth, profession, address of the family, mobile number, charges filed against him are noted. The police officer may also review the past criminal record if any in the police station and ask for his fingerprints to file a case against the accused.

A bail is of 2 forms-

1. Regular bail– applied under Sections- 437 and 439 of Code of Criminal Procedure.Regular bail is granted to a person who is already in the police custody of an offence or when there are allegations on him of committing the same.

 
2. Anticipatory bail– applied under Section- 438 of Code of Criminal Procedure.
Anticipatory bail is applied in a condition where there is fear of arrest of the person by the police.

How and when to apply for Bail

1. In case, a person is arrested he is taken to the police station to file the case.
   1. The police station where the suspect is taken is the one which exercises jurisdiction over the area where the suspect resides.
   1. To get a bail in a bailable offence, the suspect has to submit Form- 45 given in the Second schedule to the court in which his case is being heard. The police cannot grant bail without the court’s approval.
   1. In case, the suspect is accused of committing a non-bailable offence, he has to submit the same form before the Court in which his case is being heard, but, granting of bail is on the discretion of the court only.
   1. The bail amount the accused has to deposit is also on the discretion and decision of the court.
   1. However, in criminal cases with lower gravity, a standard amount is set by convention and practice which needs to be deposited for awarding the bail.

Types of offences and scope of Bail in them

Bailable Offence

In case of a bailable offence, grant of bail is a right available to the accused. It may be either given by a police officer who is having the custody of Accused or by the court under whose jurisdiction the offence falls. The accused may be released on bail, on executing a “bail bond”, with or without furnishing sureties. The “Bail Bond” may consist of certain terms and conditions, For instance:
The accused cannot leave the territorial jurisdiction of the state without permission of the court or the police officer. The Accused shall give his presence before police officer every time he is required to do so. The Accused cannot tamper with the evidence whatsoever, considered by the police in the investigation. Moreover, the court also has the power to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond.