What is Bail? & How to apply for Bail?
What is Bail?
In general terms, Bail is the temporary release of a suspect in a criminal offence who is awaiting court trial after the payment of a bail bond. It is applicable after the arrest and is valid from the moment the arrest is made. An offence is any omission or act that is made punishable by law for the time being in force. When a suspect is arrested, their statement is taken on record, and personal information such as his name, present residential address, date of birth, birthplace, profession, mobile number, address of the family and charges filed against the person are taken. The police officer may also review the past criminal record if any in the police station and ask for their fingerprints to file a case against the accused.
A bail is of 2 forms:
- Regular Bail – It is applied under Sections- 437 and 439 of the Criminal Procedure Code.
Regular Bail is given to an individual who is already in the police custody for an offence or when there are allegations on the person of committing the same.
- Anticipatory Bail – It is applied under Section- 438 of Criminal Procedure Code.
Anticipatory Bail is applied in a situation where there is a fear that the police will arrest the individual.
How to apply for Bail?
When an individual is arrested, he is taken to the police station to file a case. The accused is taken to a police station which exercises jurisdiction over the area where the suspect lives. An individualmust take the help of a criminal lawyer for their bail matter.
Bail in case of a bailable offence
For a person to get Bail in a bailable offence, the suspect has to submit the Form- 45 provided in the Second schedule to the court in which their case is being heard. The Bail cannot be given without the approval of the court.
Bail in case of a non-bailable offence
If a suspect is accused of performing a non-bailable offence, they have to submit the same form as mentioned above before the court in which their case is being heard, but the Bail is granted on the court’s discretion only.
Payment of Bail Amount
The bail amount that the suspect has to deposit is based on the court’s discretion. However, in criminal cases with lower gravity, a standard amount is set by practice and convention which must be deposited for awarding the Bail.