PROCEDURE TO GET BAIL IN INDIA? CIRCUMSTANCES IN WHICH BAIL CAN BE GRANTED AND ITS TYPES?

Before knowing the procedure to get bail in India. Firstly you must know about the types of offences which are of two types:-

1. Bailable Offences :- Offences publishable with the imprisonment of three years or less is known as Bailable Offences. Such types of Offences can be tried by any Magistrate. Beating, Threatening, Drive with carelessness, become member of Unlawful Assembly, Rioting etc. are some examples of Bailable Offences. In these Offences there is a provision to get the bail from Police Station by giving Bail Bond to them.

2. Non- Bailable Offences :- In Non- Bailable offences it doesn't means that the accused can't get bail in any situation. Sec. 437 of CRPC (Criminal Procedure Code) provides the provisions for bail in such cases. But in such cases it is in the hands of the Court that bail can be granted to the accused or not. Robbery, Dacoity, Murder, Attempt to Murder, dowry Death, Kidnapping & Abducting etc. are some examples of Non- Bailable Offences. If in such cases, the Bail is not given by the Session Court then an Appeal can be filed in High Court for the same.

CIRCUMSTANCES IN WHICH BAIL CAN BE GRANTED?

Charge sheet must be filed by Police on time. If police can't able to file charge sheet on time then there is the Provision in Law that Bail can be granted to the accused. If their is the case in which the Punishment of that Offences are more than 10 years, in such cases Police has to file charge sheet within 90 days. During these 90 days if police is not able to file charge sheet, then under sec. 167(2) CRPC there is a provision to grant Bail to the Accused.
And if the case is of such type in which the Punishment for the Offences are less than 10 years, then Police has to file charge sheet within 60 days. During this 60 days time period if police fails to file charge sheet, then bail can be granted to the Accused.

TYPES OF BAIL?

Bail is of two types :-

1. Regular Bail :- If the case in pending before the Trail Court against the accused, during that time period accused can request to the Court for Bail under Sec 439 CRPC. Trail Court on the merits of the case take decision and under this Provision if Court thinks fit, Bail can be granted to the accused after filling a Bail Bond by him. If the person didn't follow the instructions given to him under the Bail Bond, then his Bail can be revoked.

2. Anticipatory Bail :- Under Sec. 438 of CRPC their is a provision for Anticipatory Bail. It means if a person believes that he may be arrested for a Non-Bailable Offence, he may apply Anticipatory Bail to the Session Court or High Court i.e. in the event of the arrest, he shall be released on Bail. Anticipatory Bail is valid during the whole case unless it is cancelled.

** While granting the Bail if the Court may not satisfied with your promise that you will appear in Court for the time until the proceeding continues, then Court may decide that an "Independent Surety" is required to guarantee your appearance.

** "Independent Surety" is a person who makes him or herself responsible for your appearance in Court. He or she promises to pay a sum of money to the Court if you do not appear in the Court as agreed.

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