Bail cases in India are governed by the Code of Criminal Procedure, 1973, which outlines the rules and regulations for granting bail ¹. There are three types of bail in India:
- Regular Bail: This type of bail is granted to individuals who have been arrested for a non-bailable offense and are required to be present in court during the trial ¹.
- Interim Bail: This is a temporary type of bail granted for a short period, usually until the application for regular or anticipatory bail is pending ¹.
- Anticipatory Bail: This type of bail is granted to individuals who anticipate being arrested for a non-bailable offense ¹.
The decision to grant bail depends on various factors, including the nature and gravity of the offense, the likelihood of the accused fleeing or tampering with evidence, and the availability of sureties ¹.
Conditions for Granting Bail
- In Bailable Offenses, bail is granted as a matter of right, and the accused can be released on bail by the police or the court ¹.
- In Non-Bailable Offenses, bail is granted at the discretion of the court, and the accused must demonstrate that they are not likely to flee or tamper with evidence ¹.
The Indian legal system aims to balance the rights of the accused with the interests of justice and public safety ¹. However, critics argue that the bail system often favors those with financial means, leaving the poor and marginalized vulnerable to prolonged detention ¹.