Bail matters

What Are Different Types of Bails and What Is the Procedure of Obtaining Bail in Criminal Cases?

Bail is a legal provision that allows a person accused of a criminal offense to be released from custody, typically under certain conditions, while they await trial. The aim is to balance the presumption of innocence with the need to ensure the individual’s presence in court during the proceedings. In India, the Criminal Procedure Code (CrPC) governs the law of bail and defines the different types of bail and the procedure for obtaining it.

Types of Bails

1. Bail Before Arrest (Anticipatory Bail)
   
   

   • Definition: This type of bail is granted to an individual before they are arrested, in anticipation that they may be arrested for a particular offense. It is generally sought if the person has a reasonable fear of arrest in the near future.

   • When It Is Granted: If the accused person is apprehensive about being arrested in a non-bailable offense or for a frivolous case, they can apply for anticipatory bail.

   • Procedure: A petition for anticipatory bail is filed in the High Court or Sessions Court under Section 438 of the CrPC. If granted, the person can avoid arrest or be granted conditional relief until the case is decided.

2. Regular Bail
   
   

   • Definition: Regular bail is granted after a person has been arrested. This bail is applicable for cases where the accused is already in police custody or judicial custody.
     
     

   • When It Is Granted: This type of bail is available in both bailable and non-bailable offenses.
     
     

   • For Bailable Offenses: If the offense is bailable, the accused can seek regular bail as a matter of right. The accused can be released by paying the required surety or bond amount without needing a court hearing.
     
     

   • For Non-Bailable Offenses: In cases of non-bailable offenses, regular bail can be granted by a Sessions Court or the High Court based on merits and the facts of the case. The accused needs to prove they are not a flight risk or a danger to society.
     
     

3. Interim Bail
   
   

   • Definition: Interim bail is a temporary relief granted to an accused person before the final decision on their bail application is made.

   • When It Is Granted: If there is an urgency in the matter, and the person seeks immediate relief, a Sessions Court or High Court may grant interim bail. The applicant has to apply for regular bail afterward.

   • Procedure: A person applies to the court for interim bail while the case is pending. The court may allow the release for a specific period, typically to allow the person to arrange for the necessary formalities or attend to urgent matters.

4. Conditional Bail
   
   

   • Definition: Conditional bail is granted when the accused is released from custody subject to specific terms and conditions.

   • When It Is Granted: The court may grant conditional bail in cases where there is a concern that the accused may try to abscond or influence witnesses.

   • Conditions: The conditions may include surrendering the passport, attending the court hearings, providing a surety bond, or even restricting the accused’s movement within a particular area.

5. Default Bail (Statutory Bail)
   
   

   • Definition: Default bail is granted when the investigating agency fails to file a charge sheet within the prescribed time period, typically 60 or 90 days, as per Sections 167 and 309 of the CrPC.

   • When It Is Granted: If the police do not complete the investigation within the statutory period and fail to file charges, the accused person is entitled to be released on default bail. This is automatic in some cases if the conditions for it are met.

   • Procedure: The accused applies to the court for default bail, and if the time period for filing the charge sheet has expired, the court will typically grant bail.

6. Bail on Medical Grounds
   
   

   • Definition: Bail can also be granted on medical grounds if the accused is suffering from a serious medical condition.

   • When It Is Granted: If an accused person is seriously ill or requires urgent medical attention and cannot be treated properly in prison, they may seek bail on medical grounds.

   • Procedure: A petition must be filed, supported by medical records and evidence from a qualified doctor, requesting bail due to medical reasons. The court will evaluate the medical reports and decide whether bail can be granted.

Procedure for Obtaining Bail

The procedure for obtaining bail depends on the type of bail and the nature of the offense. Below is the general procedure to apply for bail:

1. Filing a Bail Application
   
   

   • The process begins by filing a bail application in the appropriate court (Magistrate, Sessions Court, or High Court), depending on the nature of the case and the type of bail sought.

   • The application must include details such as the charges against the accused, reasons for seeking bail, the amount of bail or surety, and any other pertinent details.

2. Filing Documents
   
   

   • For anticipatory bail, documents like the FIR (First Information Report), details of the offense, and a statement about the potential arrest are required.

   • For regular bail in non-bailable offenses, details of the arrest, police custody, the gravity of the offense, and any possible flight risk are usually part of the application.

3. Court Hearing
   
   

   • After the application is filed, a hearing is scheduled. The prosecution (or police) will present arguments for why bail should not be granted, based on the seriousness of the charges, flight risk, or likelihood of tampering with evidence.

   • The defense will argue in favor of granting bail, showing that the accused is not a threat to society or flight risk.

4. Granting or Rejecting Bail
   
   

   • After considering the arguments from both parties, the court will decide whether to grant bail or not.

   • In the case of regular bail, the court may impose conditions such as depositing a certain amount as a bond or surety, or surrendering passports.

   • If anticipatory bail is granted, the accused is protected from arrest, and they can be released on certain conditions if they are arrested in the future.

5. Bail Bond
   
   

   • If the bail is granted, the accused or their representative may need to sign a bail bond with the court. The bond acts as a guarantee that the accused will appear for all hearings.

   • Sometimes a surety bond is also required, where a third party (such as a relative or friend) agrees to be financially responsible if the accused does not comply with the conditions of bail.

6. After Bail Granting
   
   

   • Once the bail is granted, the person is released from custody, but they must comply with any conditions set by the court. If they violate the conditions, bail can be revoked.

How X Legal Organisation Can Help

At X Legal Organisation, we provide expert legal assistance to individuals who need to navigate the bail process:

1. Expert Legal Advice: We assist in determining the best type of bail based on the nature of the offense and the circumstances surrounding the case.

2. Bail Application Filing: We help prepare and file bail applications in a timely and efficient manner, ensuring all necessary documents and details are included.

3. Representation in Court: Our legal team represents you during the bail hearings, presenting your case effectively to ensure that bail is granted under the best possible conditions.

4. Anticipatory Bail Assistance: If you are facing the possibility of arrest, we can assist in seeking anticipatory bail to protect you from premature detention.

5. Post-Bail Compliance: After granting bail, we help ensure that you comply with the conditions, minimizing any risk of bail revocation.