TYPES OF BAIL

The constitution of India under Article 21 guarantees right to life and liberty as a fundamental Right , Article 21 states ,  No person shall be deprived of his life or personal liberty except according to procedure established by law.”

In landmark judgments, the Indian Supreme Court has consistently held that the right to bail is part of the right to personal liberty under Article 21, subject to reasonable restrictions and conditions imposed by law to secure the accused’s presence during trial and prevent abuse of the process of law.

The Hon’ble apex court declared in the land mark judgement of State Of Rajasthan Vs Balchand @Baliay that basic rule my perhaps be tersely put as “ Bail not Jail”

So Bail is a legal concept where a person who has been accused of a crime is released from custody pending trial or other proceedings. If the accused person fails to comply with the conditions imposed by the court or fails to  appear in court as required, the bail may be cancelled  and a warrant for their arrest may be issued.

In India, offenses under criminal law are categorized into bailable and non-bailable offenses based on the severity and nature of the offense. The classification determines whether a person accused of the offense can seek bail as a matter of right or needs to approach the court for bail discretionarily.

1. Bailable Offenses:
   1. Bailable offenses are less serious offenses where the accused person has a right to be released on bail after arrest. The police station where the accused is held has the authority to grant bail.
      
   2. For bailable offenses, the accused can provide the bail bond to secure their release, and they do not need to be produced before a magistrate immediately.
      
   3. Examples of bailable offenses include simple cases of assault, theft, cheating (with certain conditions), etc.
      
2. Non-Bailable Offenses:
   
   1. Non-bailable offenses are more serious offenses where the accused does not have an automatic right to bail after arrest. The accused must apply for bail before a magistrate.
      
   2. In non-bailable offenses, the accused must be produced before a magistrate within 24 hours of arrest, excluding the time necessary for the journey from the place of arrest to the magistrate’s court.
      
   3. The decision to grant bail in non-bailable offenses lies with the magistrate or the court, which considers factors like the nature and seriousness of the offense, evidence, the likelihood of the accused fleeing, and potential threat to witnesses.
      
   4. Examples of non-bailable offenses include murder, rape, kidnapping, drug trafficking, etc.

Types Of Bail

1. Regular Bail (or Ordinary Bail):
   1. Regular bail is granted to a person who is under arrest or in custody, allowing them to be released upon providing the necessary bail bond to ensure their appearance in court for further proceedings.
   1. This type of bail can be applied for at any stage of the case—before the filing of chargesheet  or after  filing of chargesheet
2. Anticipatory Bail:
   1. Anticipatory bail is granted in anticipation of arrest. It is sought when a person has reason to believe that he may be arrested for a non-bailable offense.
   1. The purpose of anticipatory bail is to protect the person from unnecessary arrest and detention, ensuring his liberty until he is able to apply for and obtain regular bail.
3. Interim Bail:
   1. Interim bail is granted temporarily while the regular bail application is pending before the court.
   1. It is typically granted for a short period, often to cover the gap between hearings or while waiting for a detailed consideration of the regular bail application.

Conclusion

These types of bail ensure that individuals accused of crimes in India have the opportunity to secure their release from custody under specified conditions, thereby safeguarding their right to liberty until proven guilty. So, consulting legal advisor is advisable. They offer comprehensive guidance tailored to your specific situation, ensuring you navigate the complexities of bail procedures effectively.