In India, the legal system provides individuals accused of crimes with the opportunity to secure bail, ensuring that the rights of the accused are protected while also maintaining the integrity of the judicial process. Bail is the temporary release of an accused person from custody, typically on the condition of furnishing a security or surety, until their trial concludes. This article explores the various types of bail in India, the procedures for securing bail, and significant case laws that have shaped the jurisprudence surrounding bail.
Types of Bail in India
The Indian legal system provides for three main types of bail:
Regular Bail
This is granted under Section 437 and Section 439 of the Code of Criminal Procedure (CrPC) when an individual is arrested or detained. A regular bail allows the accused to be released from police custody until the trial concludes.
Interim Bail
Interim bail is granted for a short period, often while a regular or anticipatory bail application is pending. The purpose of interim bail is to provide temporary relief to the accused, ensuring that they do not remain in custody while their bail application is under consideration.
Anticipatory Bail
Provided under Section 438 of the CrPC, anticipatory bail allows an individual to seek bail before being arrested. It is often sought when a person fears they may be arrested for a non-bailable offense. If granted, it prevents the police from arresting the accused and mandates their release on bail .