What is Bail?
Bail, in law, means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority.
Under the Code of Criminal Procedure (CrPC), bail can be granted to an accused person either by a police officer or by a judicial magistrate.
Bail is granted to an accused person to secure their presence at trial, and to protect their liberty while they are awaiting trial.
It is generally granted when the accused can furnish sufficient sureties (guarantees) that they will appear in court as required.
Types of Bail in India
Regular Bail:
Regular bail can be granted to a person who has already been arrested and kept in police custody.
Regular Bail for Bailable Offences - Section 436 of the CrPC.
Regular Bail for Non-Bailable Offences - Section 437 of the CrPC.
Anticipatory Bail:
Under Section 438 of CrPC, any individual who discerns that he may be tried for a non-bailable offense can apply for an anticipatory or advance bail application.
A bail under this section is Bail before the arrest, and the police can't arrest an individual if the Court has granted anticipatory Bail.
Interim Bail:
As the name suggests, this type of Bail is granted temporarily.
The interim Bail is granted to the accused before the hearing for a regular or anticipatory Bail grant.
This is primarily because furnishing documents from the lower courts to the High Court takes time.
However, the interim Bail is concluded during the bail hearing.
Default Bail:
This kind of bail procedure differs from the Bail granted under the sections mentioned above.
Default bail is granted on the default of the police or investigating agency to file its report/complaint within the prescribed period.
For an offense where an arrest can be made without a warrant, section 57 of the CrPC commands that the police officer shall not detain the accused for more than 24 hours.
If the investigation is not concluded and the charge sheet is not filed within these 24 hours, section 167 grants the accused the right to a statutory or default bail.
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