Wednesday, August 21, 2019

Meaning And Types Of Bail In India

At times, a person commits a crime or is caught in a false case and arrested by the police. So the person has been given the right to seek bail in the law. But it has to be remembered that there are many cases where bail can be granted and where bail cannot be granted. When a person goes to jail for an offence, the order received from the court or the police to get him released from jail is called bail.

What is Bail ? 

Bail in simple language means Security taken from a person to appear before a court on a certain date. The meaning of the word bail, as it is commonly understood, is that a person can be set free under arrest, detention, or restraint by taking security for his or her appearance.

Types Of Bail 

Bail in Bailable offence 

Crimes are of two types, bailable and non-bailable. Bailable offence includes cases of assault, threats, careless driving, death due to negligence. In such a case, there is a provision of bail from the police station. The accused fills the bail bond in the police station and is then granted bail.

Bail in Non-Bailable offence

Some serious crimes like robbery, murder, rape, kidnapping, kidnapping for ransom etc. are non-bailable offence. In such a cases, all the facts are presented before the court and then the court decides the bail.

Default Bail 

Even if the case is very serious, the accused can be granted bail even if the police do not file a chargesheet in time. For example, in a case where there is a provision of 10 years or more punishment, it is necessary to file a charge sheet within 90 days of the arrest. If the charge sheet is not filed during this time, then there is a provision to provide bail to the accused under Section 167 (2) of the CrPC. In the case less than 10 years of imprisonment, a charge sheet has to be filed within 60 days and there is a provision for bail if not done.

Regular Bail 

When a case is pending against an accused in a trial court, the accused seeks bail from the court under Section 439 of the CrPC. The trial court or high court decides on the application based on the merit of the case. Under this section, the accused is given interim bail or regular bail. For this, the accused has to fill the bond and follow the instructions.

Anticipatory Bail 

If the accused suspects that he may be arrested on an accusation of having committed a non-bailable offence, he may seek anticipatory bail under Section 438 to avoid arrest.

While granting anticipatory bail, the court may impose one or more of the following conditions based on the facts of a particular case:

  • As and when required, Be available for interrogation by the police officer;
  • The Person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts and evidence of the case so as to dissuade him from disclosing such facts to the trial court or to any police officer;
  • The person shall not leave India without the previous permission of the court.