Bail is the release of an accused person from custody, on the condition that they will return for their trial or other legal proceedings. The purpose of bail is to ensure the presence of the accused at trial while also protecting their liberty prior to being proven guilty. Bail laws originated in ancient times and are now codified in the Indian Criminal Procedure Code. Bail can be granted for bailable offenses with sentences under 3 years or fines only. For more serious non-bailable offenses, courts consider various factors like evidence and witness tampering risk when deciding bail. The process involves applying to the court and potentially depositing an amount until the trial. Grant of bail is mandatory in certain circumstances like incomplete investigations or if the accused is

1. BAIL
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2. Contents
What is Bail
Purpose of Bail
History of Bail
Bail In India
Bailable Offence Vs. Non-Bailable Offence
Anticipatory Bail
Conditions For Granting Bail
Process Of Bail?
Circumstances under which grant of bail is mandatory
Cancellation Of Bail
Bibliography

3. WHAT IS BAIL?
• Bail means entrustment of the accused to his sureties, who are bound
to produce the accused in court whenever required. Bail means the
security taken from a person to appear on a fix date before the court.
Bail is the release from the custody of a person charged with an
offence, on that person signed undertaking that he will appear in
court to answer the charge.
• Law Lexicon : Bail has been defined in the as security for the
appearance of the accused person on giving which he is released
pending trial or investigation.

4. PURPOSE OF BAIL
• Secure the presence of accused at the trial while allowing the accused
his liberty and protecting him for unnecessary detention.
• It must always be kept in mind that the accused is innocent until
proven guilty.
• When deciding to grant bail, any amount of bond, the number of
sureties or conditions imposed should only be sufficient to ensure
that the accused attends the next hearing.

5. History of Bail
The concept of bail can be traced back to 399 BC, when Plato tried to
create a bond for the release of Socrates.
The modern bail system evolved from a series of laws originating in the
middle ages in England.

6. Bail In India
• In India, Bail Laws are covered under the Criminal Procedure Code,
1973.
• However, there are special laws relating to offences under narcotics &
drugs, terrorist and unlawful activities and money laundering etc.
which contain stricter provisions for grant of bail to an accused or
suspect of a crime.

7. Bailable Offence Vs. Non-Bailable Offence
• According to Criminal Procedure Code, 1973 (Cr.P.C.), does not define
bail, although the terms bailable offense and non-bailable offense
have been defined in section 2(a) Cr.P.C.

8. BAILABLE OFFENCE
• Bailable offense refers to offences which are shown as bailable in the
First Schedule or which is made bailable by any other Law
• Section 2(a) of CrPC defines bailable offences:
Punishable with imprisonment for less than three years or with fine
only.

9. NON-BAILABLE OFFENCE
• Non Bailable Offence means any other offence not specified in the
First Schedule.
• Section 2(a) of CrPC defines Non-bailable offences:
Punishable with death, imprisonment of life or imprisonment for more
than seven years.

10. ANTICIPATORY BAIL
• Under Section 438 of the Criminal Procedure Code there is a provision for a
person to seek ‘Anticipatory Bail’.
• This means that an individual can seek or request to get bail in anticipation or in
expectation of being named or accused of having committed a non-bailable
offence.
• Anticipatory bail is meant to be a safeguard for a person who has false accusation
or charges made against him/her, most commonly due to professional or personal
enmity, as it ensures the release of the falsely accused person even before he/she
is arrested.
• To get anticipatory bail the person seeking it, must approach the Court of
Sessions or the High Court and citing section 438 of the Criminal Procedure Code
as well as giving proper reason, apply for it. If the court, based on a number of
conditions and the nature of the case, sees merit in the petition the bail is
granted. Hence if and when the person is arrested, he/she will be immediately
released on the basis of the anticipatory bail.

11. CONDITIONS FOR GRANTING BAIL
• While granting bail the Court has to keep in mind not only the nature of the
accusations, but the severity of the punishment, if the accusation entails a
conviction and the nature of evidence in support of the accusations.
Reasonable apprehensions of the witnesses being tampered with or the
apprehension of there being a threat for the complainant should also weigh with
the Court in the matter of grant of bail.
While it is not accepted to have the entire evidence establishing the guilt of the
accused beyond reasonable doubt but there ought always to be a prima facie
satisfaction of the Court in support of the charge.
Frivolity in prosecution should always be considered and it is only the element of
genuineness that shall have to be considered in the matter of grant of bail and in
the event of there being some doubt as to the genuineness of the prosecution, in
the normal course of events, the accused is entitled to an order of bail.

12. WHAT IS THE PROCESS OF BAIL?
• When you are an accused of some crime and arrested to record your statement
and take information like the name, residence address, birth place, charge filed
against you, etc.
• The police officer may also check back the criminal record if any in the police
station and ask for finger prints to files a case against you.
• The crimes that are bailable and simple, you will be allowed to apply for bail
immediately.
• However, if the crime is a little bit complex and non-bailable, you may wait for 48
hours to claim your right to bail in the court wherein you are given a hearing.
• Depending upon the facts of the case, the judge decides whether you should get
bail or not.
• Also, in situation you are given bail you are asked to deposit money with the
court. Generally, in certain smaller crime cases, a standard amount is asked to be
deposited for awarding the bail.

13. The circumstances under which grant of bail is mandatory:
• Where the person is not accused of a non-bailable offence is arrested or detained without warrant.
• In such cases, the concerned police officer if he thinks fit shall if such person is indigent and unable to
furnish surety discharge him on executing bond without sureties for his appearance as provided in Law.
• Where the investigation is not completed within the stipulated time period– Section 57 of CrPC provides
that a person arrested without warrant cannot be detained for more than 24 hours. However, if the
concerned police officer deems it necessary to detain such person for more than 24 hours for purpose of
investigation he can do so after obtaining Magistrate’s order under Section 167 of CrPC.
• Where no reasonable ground exists to believe that the accused has committed a non-bailable offence-
Section 437(2) of CrPC entails that if it appears to the concerned officer that there are not reasonable
grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient
grounds for further inquiry into his guilt, then the accused shall be pending such inquiry, be released on
bail.
• When trial of a person accused of a non-bailable offence is not completed within a period of 60 days–
Section 437(6) of CrPC.
• When the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty
of any such, it shall release the accused on Bail- Section 437(7) of CrPC.

14. CANCELLATION OF BAIL
• According to S. 437(5) any court which has released a person on bail
under (1) or sub sec (2) of S. 437 may if considers it necessary so to
do, direct that such person be arrested and committed to custody.
• The power to cancel bail has been given to the court and not to a
police officer. Secondly, the court which granted the bail can alone
cancel it. The bail granted by a police officer cannot be cancelled by
the court of a magistrate. For cancellation of bail in such a situation,
the powers of the High Court or Court of Session under S. 439 will
have to invoked.

15. Bibliography
• https://www.kaanoon.com/indian-law/what-is-the-law-regarding-
bail-in-india/
• https://www.jaagore.com/know-your-police/anticipatory-bail
• https://timesofindia.indiatimes.com/blogs/lawtics/know-your-rights-
drug-terror-economic-offences-bail-laws-in-india/
• https://www.vakilno1.com/legal-advice/need-know-bail-
application.html
• http://www.legalserviceindia.com/articles/bail_poor.htm

16. THANK YOU