Bailable and Non-Bailable Offenses

For bailable offenses, the accused has the right to seek bail as a matter of course.

Non-bailable offenses are more serious crimes, and bail is not granted automatically. The accused must apply to the court, and the court has discretion in deciding whether to grant bail.

Granting Bail

Bail is generally granted at the discretion of the court. The primary consideration is whether the accused is likely to cooperate with the legal proceedings and not pose a threat to witnesses or society.

Factors such as the nature and gravity of the offense, the character of the accused, the likelihood of the accused fleeing, and the strength of the evidence against them are taken into account.

Anticipatory Bail

Individuals who fear arrest can apply for anticipatory bail, which is a pre-arrest bail. The purpose is to prevent unnecessary arrest and harassment.

The court may grant anticipatory bail with certain conditions to ensure the accused's cooperation with the investigation.

Default Bail

If the investigation is not completed within a specified period, the accused has the right to seek default bail. This is to prevent indefinite detention without trial.

Conditions of Bail

Courts may impose certain conditions while granting bail, such as surrendering passports, attending court hearings, refraining from influencing witnesses, or not leaving the jurisdiction without court permission.

Revocation of Bail

Bail can be revoked if the accused violates the conditions set by the court or if new evidence surfaces that affects the original decision to grant bail.

Special Laws

Some specific laws, like the Prevention of Money Laundering Act (PMLA) or the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), have their provisions for bail, and the process may differ from regular bail applications.