Legally Valid Occasions to File a Regular Bail Application

Meaning of Regular Bail

Regular bail is the primary and most common form of temporary release granted after an accused person has been formally arrested and placed in police or judicial custody. Since the person is already deprived of liberty, regular bail serves as the legal mechanism-governed by Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)-to enable their release during the pendency of investigation or trial.

Example

If Mr. A is arrested by the police for theft and produced before a Magistrate, his request to be released from jail while the police complete their investigation and the court prepares for trial would be considered an application for regular bail.

How Regular Bail Differs From Other Types

It is distinct from:

• Anticipatory Bail – sought before arrest (to prevent arrest)
• Interim Bail – temporary relief pending disposal of regular/anticipatory bail

Relevant Law

Relevant Law:

• Governed by Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

When Is It Suitable to Apply for Regular Bail?

1. After Arrest and While in Custody

• Regular bail can be applied only after the accused has been arrested and is either in police custody or judicial custody.
• The application is generally made before the Magistrate Court (for offences triable by it) or the Sessions Court/High Court/Supreme Court (for graver offences).

2. When the Offence Is Bailable

• Under Section 478 BNSS, bail in bailable offences is a matter of right.
• The court must release the accused upon furnishing the required bond and surety.

3. In Case of Non-Bailable Offences

• Under Sections 480 and 483 BNSS, bail is discretionary and depends on judicial assessment of:
  • Nature and gravity of the offence
  • Possibility of flight risk
  • Potential for tampering with evidence or influencing witnesses
  • Health, age, and antecedents of the accused
  • Stage of the investigation

Right Occasions to File a Regular Bail Application

Understanding the right timing is crucial to improving the chances of securing bail.

1. Immediately After Arrest

• When the accused is produced before a Magistrate within 24 hours of arrest (as required under Article 22(2) of the Constitution and Section 58 BNSS).
• Bail may be sought at this first production, especially if:
  • The offence is bailable, or
  • The accused has strong grounds for release (e.g., weak evidence, no criminal record).

2. After Completion of Police Custody

• Once police custody remand ends, and the accused is placed in judicial custody, it is a common and appropriate stage to apply for bail.

3. After Filing of the Charge Sheet

• A highly suitable stage to apply for bail.
• Once the charge sheet is filed, investigation is deemed complete.

4. When Investigation or Trial Is Delayed

• The investigation is unreasonably prolonged, or
• The trial has not commenced despite long custody.

5. On Humanitarian or Medical Grounds

• Accused suffers from serious illness, pregnancy, old age, etc.

6. Upon Change of Circumstances

• If earlier bail was rejected, a fresh application may be filed on:
  • New evidence
  • Delay in charge sheet
  • New legal precedent
  • Long incarceration

7. When Co-Accused Have Been Granted Bail (Parity Principle)

• If co-accused in similar role get bail, applicant gains benefit.

8. Offence Triable by Magistrate

• For offences <7 years, bail is generally favoured.

9. First-Time Offender

• No previous criminal record helps.

10. Cognizance Taken but Trial Not Started

• Avoiding excessive pre-trial detention.

11. Documentary Evidence Case

• Low tampering risk if documents already seized.

12. Accused Is Child/Woman/Sick/Infirm

• Section 480 BNSS special consideration.

13. Cooperation With Investigation

• Compliance strengthens bail plea.

14. Allegations Weak or False

• Bail prevents misuse of law.

15. Entitled to Default Bail

• If charge sheet not filed in 60/90 days (Section 187(3) BNSS).

16. Availability of Witnesses

• Shows cooperation and strengthens bail claim.

17. Requirement for Child Care

• Dependent children needing care may justify bail.

18. Prolonged Trial Date

• Future trial date far away due to backlog.

19. Delay in Trial

• Repeated adjournments or slow proceedings.

Key Judicial Precedents (2023–2025)

Procedure for Applying for Regular Bail

1. Drafting and Filing the Application

Filed before Magistrate/Sessions based on jurisdiction.

2. Stating Grounds for Release

Key arguments include no criminal record, cooperation, low flight risk, delay etc.

3. Serving Notice to Prosecution

Mandatory notice to Public Prosecutor.

4. Court Hearing

Arguments from both sides considered.

5. Court Order & Conditions

Grant or reject bail with reasons and conditions.

Systemic Strain on Statutory Bail Safeguards

Discussion on default bail under BNSS and incomplete charge sheet issues.

Conclusion

Regular bail is an important part of the right to personal freedom… ensuring bail is not denied punitively.