What Are The Four Types Of Bail?

What Do You Mean By Bail?

Bail in simple language means a relief for a person who is accused of any particular crime in our country. It is technically known as the fundamental concept in the Indian Criminal Justice System. In many movies we have seen bail lawyers go to court to apply for their client's bail it is somewhat the same as portrayed there but again we have certain types in it as well. Basically, it permits or we can say allows a person who has been arrested for a crime to be released from judicial custody. Again there is a twist in it, bail is granted on the will that the said accused person has to return to court for all further hearings.

Now the question arises how can a court permit a accused to go outside and live their lives? It is because the court says that the accused can continue his normal life outside the judicial custody that is the jail until the case against him/her is resolved.

Legal Check: This concept of bail is mentioned in the Indian legal framework and is covered under the Code of Criminal Procedure (CrPC), 1973, and related provisions.

How is the bail granted?

Bail is granted on the basis of the nature of the offense and the accused's involvement in the crime.
To understand the eligibility for bail, it is essential to classify the crime.
There are two categories of crimes/offenses in India:
- Bailable offence
- Non-bailable offence

The Concept of Bail in India

Bail, in simple terms, means that a person is set free to live outside jail/judicial custody on a purely temporary basis while awaiting trial.
However, it is granted on the condition that the accused promises the court to attend all hearings as required.

When can bail be granted?

Bail is granted when the crime is less serious or severe.
It is also granted when the accused does not pose any risk to public safety or justice.

Here at sangare and associates will tell you the importance of the right to bail, it safeguards individuals from any type of unlawful or unnecessary detention, if is he/she is not a threat or danger to public order. But it is not guaranteed in serious offenses. Some of the cases come under non-bailable offenses, in such a case the person who is accused may remain in custody until the trial concludes.

Types of Bail in India

In India, we have four main types of bail: regular bail, anticipatory bail, interim bail, and default bail. Each type serves a different purpose depending on the nature of the offense, the stage of the investigation, and the actual circumstances of the case.

Regular Bail
Regular bail is the most common form of bail. It is typically granted to those who have been arrested for bailable offenses, which are less serious crimes where bail is a right. Bailable offenses usually involve minor punishments and do not pose a risk to public safety. Under Section 436 of the Criminal Procedure Code (CrPC), regular bail can be granted by the police or a magistrate. The accused must provide a surety bond (a promise to appear in court when summoned). Upon fulfilling the bail conditions, they are released from custody. Example: If an individual is arrested for a minor theft (i.e., theft of goods worth less than ₹70,000), they can apply for regular bail. Since theft is a bailable offense, they would typically be released on bail after fulfilling the necessary conditions.
Anticipatory Bail
Anticipatory bail is a type of pre-arrest bail that a person applies for when they fear arrest due to an accusation. It allows the accused to avoid being arrested in the first place. Section 438 of the CrPC provides for anticipatory bail. This type of bail is usually granted when an individual fears arrest for a non-bailable offense. The court may grant anticipatory bail if it is convinced that the accused will not misuse their release, tamper with evidence, or threaten witnesses. Example: Suppose a businessman is accused of financial fraud, and the police are investigating the case. Since the offense is non-bailable and serious, the individual can file for anticipatory bail to avoid arrest. If the bail is granted, they will not be arrested during the investigation and will be released on bail if arrested later.
Interim Bail
Interim bail is a temporary release granted by the court when a bail application is still pending. It is given when the court finds immediate release necessary, but the proceedings for regular bail have not yet been completed. Interim bail is often granted in urgent situations where it is essential to prevent the accused from being held in custody for an extended period before the final bail decision. Example: If someone applies for regular bail after being charged with a non-bailable crime, the court may grant interim bail for a few days or weeks before deciding on the regular bail application. This ensures that the person is not incarcerated while waiting.
Default Bail (Statutory Bail)
Default bail, also known as statutory bail, is granted when the police fail to file a chargesheet within the legally mandated time frame. Under the CrPC, the chargesheet filing period ranges from 60 to 90 days, depending on the offense. Regardless of the offense, the accused has the right to bail if the chargesheet is not filed within the stipulated period. Default bail ensures that individuals are not wrongfully detained beyond legal deadlines. Example: If a person is detained for a serious crime like murder and the police do not submit the chargesheet within 90 days (as mandated by law for non-bailable offenses), the accused has the right to seek default bail. If the court approves, they will receive bail without additional proceedings.

To conclude, Bail is essential in preventing individuals from being unjustly detained while they await their trial. It strikes a balance between the rights of the accused and the necessity of upholding law and order. Different types of bail, including regular bail, anticipatory bail, interim bail, and default bail, address various scenarios according to the nature of the crime and the point in the investigative process. Though bail is a significant entitlement, it is not awarded automatically. The court assesses each case individually, taking into account the severity of the offense, the risk of the accused fleeing, and the potential for tampering with evidence. Legal measures regarding bail are designed to safeguard individual rights while preserving the integrity of the justice system.

Understanding the different types of bail and the conditions under which they are granted is crucial for both legal practitioners and the general public, ensuring fair treatment for those involved in the criminal justice system understanding the various categories of bail and the circumstances that lead to their approval is essential for legal professionals and the public alike, to promote equitable treatment for individuals engaged in the criminal justice system.

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