Bail is the temporary release of an accused person awaiting trial, sometimes on the condition that a sum of money is lodged to guarantee their appearance in court. According to section 436 of Cr PC, if the offence alleged is bailable, then, the Accused is entitled to Bail as a matter of right, maybe before the Police station itself, or if forwarded to Magistrates Court, before Magistrates court. In bailable offences, bail is a right and not a favour. The bail application shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit. Conditions for Bail in Non-Bailable Offenses An accused doesn’t have the proper to use for bail just in case of a non-bailable offence. The facility to release an individual on bail during a non-bailable offence lies with the court. Section 437 of the Cr PC lays down the facility of the court to grant bail to an individual even during a non-bailable offence. There are 3 types of bail- Regular, Interim, and Anticipatory. • Regular Bail: a daily bail is often granted to an individual who has already been arrested and kept in police custody. Section 437, 439 of the Cr. P.C gives the accused the right to be released from such custody. So, a daily bail is essentially the discharge of an accused from custody to make sure his presence at the trial. • Interim Bail: Interim bail may be a bail granted for a brief period of your time. Interim bail is granted to an accused before the hearing for the grant of normal bail or anticipatory bail. • Anticipatory Bail: an individual who discerns that he could also be arrested by the police for a non-bailable offence, can apply for anticipatory bail. This is often an essential bail in recent times because business rivals and other influential people often attempt to frame their opponents in false cases. It’s like an advance bail obtained under Section 438 of the CrPC. A bail under Section 438 may be bail before arrest and an individual can’t be arrested by the police if the anticipatory bail has been granted by the court. To get bail in a bailable offence, the suspect has to submit Form- 45 given in the Second schedule to the court in which his case is being heard. The bail cannot be granted without the court's approval.
