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How To Get Bail?

What is Bail?

Bail, in general, refers to the temporary release of a suspect in any criminal offence pending court proceedings after posting the required bail bond. It becomes applicable following the arrest and goes into effect immediately. Any action or inaction that is currently illegal and subject to punishment is considered a crime.

When a suspect is apprehended, his statement is recorded together with personal details such his name, birthplace, current address, date of birth, profession, family address, mobile number, and the accusations that have been brought against him. In order to file a case against the accused, the police officer may also review the accused's fingerprints and, if there is any, review his prior criminal history at the police station.

Bail is a provisional release of an accused person who is in jail, but the crime has not been proven against him. There are three kinds of bail, and as per the requirement, the bail application is filed before the court:
  • Regular Bail: The provisions of regular bail is explained under Section 437 and Section 439 of the Indian Penal Code, to grant bail to the person in police custody.

  • Anticipatory bail: Anticipatory bail can be granted only by a Session Court or High Court under the provision of Section 438 of CrPC. When a person is apprehending that he can get arrested for a non-bailable offence, can apply for anticipatory bail.
  • Interim Bail: Interim bail is bail for a short period, before granting regular bail. For example, there is a requirement where on the humanitarian ground the court allows the accused to be free from police custody, the interim bail is granted for a limited period.

Regular Bail Under Sections 437 and 439 of the Cr.PC, a person who has been arrested and is being held in custody may be released on a standard bail.
According to the law, if a person is detained by a police officer without a warrant for a non-bailable offence or if there are grounds to suspect that the evidence against the person is insufficient to establish that the person has committed any non-bailable violation, the person may be released. If he appears in a court other than the Court of Sessions or the High Court, this must be done.

Even so, this person cannot be released on bond if there are grounds to suspect that he is responsible for any crime carrying a death or life sentence or if he has previously been found guilty of a crime carrying a similar punishment.

The court has the authority to impose any conditions it deems appropriate under Section 437(3) of the CrPC.

It also states that if the High Court grants bail after notifying the public prosecutor, any conditions the Magistrate imposes may be overturned. In this instance, bail should be offered if the offence carries a life sentence and can only be prosecuted by the Court of Sessions.
Interim Bail Interim bail is offered prior to the process of granting normal bail or anticipatory bail. It is granted for a little time. This is because the High Court or Court of Session must wait for paperwork from lower courts to be sent, which adds time to the process of granting bail. Therefore, provisional bail is offered for the time being.

If the interim bail expires, the individual to whom it was given must be sent back in custody. The interim bail might be extended.
Anticipatory bail In accordance with Section 438 of the Criminal Procedure Code, everyone anticipating an arrest is given instructions.
It states that anyone who believes they will be arrested after being accused of a crime for which there is no provision for anticipatory bail may apply. Either the High Court or the Court of Sessions must receive an application.

Bail is a rule, jail is an exception
Detaining a person and violating his fundamental right to liberty is immoral and goes against the fundamentals of natural justice unless there is some compelling evidence to support continuous detention during the pre-trial stage of the investigation. The balance between an individual's freedom and the interests of welfare has also come to be a major concern due to the growing emphasis on and concern for the preservation of human rights.

Detention of the accused is thus against his fundamental right to liberty under Article 21 of the Indian Constitution unless there are certain rational reasons such as chances of the accused leaving, where the police cannot access or may tamper with the evidence or influence the witnesses.

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