Back2Basics: What is Bail?

• Bail is the conditional release of a defendant with the promise to appear in court when required.
• The term also means the security that is deposited in order to secure the release of the accused.
• In India’s legal world, the term offense has been categorized as bailable offenses and non-bailable under the Code of Criminal Procedure.

Why need Bail?

• Bail is a fundamental aspect of any criminal justice system.
• A person can defend himself/herself better when he/she is free, thus ensuring free trial.
• The practice of bail grew out of the need to safeguard the fundamental right to liberty.
• Liberty is the right of one whose guilt has not yet been proven.

Types of Bail in India

• Depending upon the sage of the criminal matter, there are commonly three types of bail in India:

1. Regular Bail: Granted to a person who has already been arrested and is in custody. This type of bail is provided under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (CrPC). It allows the accused to be released from custody while the trial is ongoing.
2. Anticipatory Bail: Under Section 438 of the CrPC, anticipatory bail is a pre-arrest legal process. It is granted when a person apprehends arrest on an accusation of having committed a non-bailable offence. This type of bail ensures that the accused will be released on bail in the event they are arrested.
3. Interim Bail: This is temporary bail granted for a short period. Interim bail is often granted to allow the accused some relief until a final decision on their regular or anticipatory bail plea is made.

Conditions for Grant of Bail in Bailable Offences

• Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused of a bailable offense under IPC can be granted bail if:

1. There are sufficient reasons to believe that the accused has not committed the offence.
2. There is sufficient reason to conduct a further inquiry in the matter.
3. 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 if:

1. The accused is a woman or a child, bail can be granted in a non-bailable offence.
2. There is a lack of evidence then bail in non-Bailable offenses can be granted.
3. There is a delay in lodging FIR by the complainant, bail may be granted.
4. The accused is gravely sick.

PYQ:

[2021] With reference to India, consider the following statements :​

1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.​

2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.​

Which of the statements given above is/are correct?​

1. 1 only ​
2. 2 only​
3. Both 1 and 2 ​
4. Neither 1 nor 2​