Bailable Offence

In the case of a bailable offence, the grant of bail is a right that is available to the accused. It may be either granted by a police officer who has the custody of the suspect or the court under whose jurisdiction the offence comes under. The person may be released on bail, on providing a “bail bond”, with or without furnishing sureties. The “Bail Bond” can consist of specific terms and conditions, For instance:

The accused is not allowed to leave the territorial jurisdiction of the state without the permission of the police officer or the court. The Accused shall make his presence before police officer every time he is asked to do so. The Accused must not mishandle the evidence, considered by the police in the investigation. Moreover, the court has the power to refuse bail to the accused even if the offence is bailable, where the person who is given bail fails to comply with the conditions of the bail bond.

Examples of Bailable Offence

• Participating in an unlawful Assembly.
• Participating in riots and armed with a dangerous weapon.
• When a public servant disobeys the direction of law to cause harm to an individual
• If an individual wears a Garb or carries a token used by a public servant with a fraudulent intention
• If an individual is found bribing during election campaigns
• If an individual is found to give false statements concerning the elections
• If a public servant refuses to take an oath when he is duly required to so
• If an individual obstructs a public servant in discharge of his public functions
• If a person fabricates or gives false evidence in any judicial proceedings
• If a seller or vendor is selling any food or drink and, knows the same to be poisonous
• If any person causes disturbance or nuisance in a peaceful assembly engaged in religious worship

Non Bailable Offence

A non-bailable offence is a crime where the accused has to seek the court’s permission, and upon the court’s discretion and based on facts, bail is given.

However, the court may refuse the bail, if the “Bail Bond” is not duly executed, or if the offence that is committed is grave, which imposes life imprisonment or death punishment, such as rape, murder, etc. or in cases where the accused has attempted to disappear, prevent their arrest by hiding and also, when their credentials are doubtful.

The bail application shall be filed before the magistrate, who will conduct the trial. After the application is filed, it is usually listed on the next day. On this day, the application will be heard, and the police will present the accused in court. The magistrate may pass orders, as he thinks best.

Examples of Non- Bailable Offence

• Committing or attempting to commit murder under Sections 302 and 307 of the Indian Penal Code
• When an individual attempt to commit or commits rape mentioned under Section 376 of the Indian Penal Code
• In cases of dowry death in Section- 304 (B) of the Indian Penal Code
• If an individual voluntarily causes severe hurt defined under Section- 326 of the Indian Penal Code
• When a person or persons kidnap another person mentioned in Section- 363 of the Indian Penal Code.

When can bail be denied/ granted?

1. Bail cannot be denied unless the offence committed is of the highest degree, and the law passes the punishment of committing it is extreme.
2. Bail can be denied if there is an attempt that the accused is obstructing with the witnesses for the prosecution or otherwise violating the process of justice.
3. Bail can be denied if the previous record of the accused who has applied for bail particularly has a bad record which indicates that he is likely to commit another severe offence during bail.
4. Bail may be denied if the course of justice would be avoided by the individual who seeks bail for the time being.
5. Bail can be denied to an individual if they have previously been convicted of an offence that is punishable with at least seven years imprisonment, life imprisonment and death penalty or has been previously convicted on two or more instances in cognizable offences.