Bail -Type Of Bails

Bail

Type Of Bails

Bail is a set of conditions that allow a suspect to be released from custody before trial, ensuring they don't interfere with the judicial process. When bail is granted, the defendant is conditionally released, promising to appear in court as required. In sone cases bail often involves a financial deposit or property pledge to the court, which is returned if the suspect attends all court appearances. If the suspect fails to appear, the bail is forfeited, and they may face additional charges. Some restrictions can be imposed before or after charges are filed. For minor offenses, a defendant might receive a court summons without bail or be released on their own recognizance, promising to appear in court without paying bail. More serious crimes or suspects deemed flight risks may be detained until trial. Bail is usually granted when detention isn't justified, but ensuring the suspect's court appearance is necessary. The bail amount can vary based on the crime's severity and type, with different jurisdictions having distinct practices for determining bail amounts.  

In India, the main types of bail are regular bail, interim bail, and anticipatory bail. Regular bail is granted after an arrest, while anticipatory bail is sought before arrest. Interim bail is a temporary release granted while a regular or anticipatory bail application is pending. 

Here's a breakdown of each type:

1. Regular Bail:

•This is the most common type of bail and is granted to a person who has already been arrested and is in police or judicial custody.

•It is governed by Sections 437 and 439 of the Criminal Procedure Code (CrPC). 

•It can be granted in both bailable and non-bailable offenses. 

•The court considers various factors, such as the nature of the offense, the accused's criminal history, and the likelihood of the accused absconding, when deciding on regular bail. 

2. Interim Bail:

•This is a temporary form of bail granted for a short period. 

•It is usually granted while the court is considering a regular or anticipatory bail application. 

•It allows the accused to be released from custody for a limited time while the court decides on the main bail application. 

 

3. Anticipatory Bail:

•This type of bail is sought by a person who has reason to believe they might be arrested for a non-bailable offense. 

•It is governed by Section 438 of the CrPC. 

•It allows the person to avoid arrest and detention if the court grants anticipatory bail. 

•The court considers factors like the nature of the offense, the applicant's background, and the possibility of the applicant being falsely implicated when deciding on anticipatory bail.