What is Regular Bail?
A person who has been arrested or detained by Police or is in judicial custody
can seek regular bail for his release from the police or judicial custody.
Sections 437 and 439 of the Criminal Procedure Code contain express provisions
relating to the grant of regular bail.
These provisions allow a person to seek bail in a case where such a person has
been arrested on accusation/allegations of commission of some non-bailable
offence alleged to have been committed by him.
Who can seek Regular Bail?
Any person who has been arrested and detained by Police or is in judicial
custody on an accusation of having committed a non-bailable offence can apply
for regular bail.
Where to apply for Regular Bail?
The person arrested can move an application seeking regular bail to the Court of
Sessions in whose jurisdiction alleged non-bailable offence is committed or FIR
is registered, seeking that he be released on bail.
What is the procedure to get Regular Bail?
Section 439 of CrPC contains express provisions for grant of Regular Bail.
Section 439. Special powers of High Court or Court of Session regarding bail.
- A High Court or Court of Session may direct:
Provided that the High Court or the Court of Session shall, before granting bail
to a person who is accused of an offense which is triable exclusively by the
Court of Session or which, though not so triable, is punishable with
imprisonment for life, give notice of the application for bail to the Public
Prosecutor unless it is, for reasons to be recorded in writing, of opinion that
it is not practicable to give such notice.
- that any person accused of an offence and in custody be released on
bail, and if the offence is of the nature specified in sub-section (3) of
section 437, may impose any condition which it considers necessary for the
purposes mentioned in that sub-section;
- that any condition imposed by a Magistrate when releasing any person on
bail be set aside or modified:
- A High Court or Court of Session may direct that any person who has been
released on bail under this Chapter be arrested and commit him to custody.
What points to incorporate in the application for Regular Bail?
Best Criminal Lawyers should consider incorporating the following legal points
while drafting a petition for regular bail as per the relevant facts of the
- Nature and Gravity of accusation.
- Custodial interrogation is not required.
- Conclusion of the trial will take a long time
- Contents of the FIR are fundamentally perverse
- Recovery affected if any.
- Prima-facie case based on the allegation in FIR or Complaint
- Criminal Antecedents if any.
- Applicant has been falsely implicated.
- Applicant is not likely to abscond from the country.
- Applicant will not interfere in the investigation.
- Applicant will not tamper with any evidence.
- No useful purpose will be served by keeping the accused behind bars.
- Applicant undertakes to abide by all or any condition that may be
imposed by the Court as envisaged under section 437 and 439 Cr. P.C while
granting concession of Regular bail.
When can the court grant Regular Bail?The court can consider any of the following factors among others while granting
the concession of Regular bail to the accused:
- No further custodial interrogation of the accused is required.
- No recovery is to be affected or recovery has already been affected
by the accused.
- Conclusion of the trial will take a long time
- The nature and gravity of accusation are not very serious.
- No prima-facie case is made out against the alleged accused.
- No other case is pending against the accused.
- Keeping the accused behind bars will not serve any useful purpose.
- The accused is not likely to abscond from the country.
- The accused is not likely to interfere in the investigation to be
conducted by the Police.
- There are no chances of the accused tampering with the evidence.
What to do if a regular bail application gets rejected?
Some of the conditions that can be imposed by the court while granting regular
- In the case where the regular bail application is dimissed by
the trial court, the aggrieved person can challenge that order in
the Higher Court
- In case of dismissal of the regular bail application by Sessions Court, the
order can be challenged in the High Court.
- In case of dismissal of the regular bail application by the High Court, the
order can be challenged in the Supreme Court.
- That the applicant shall make himself available for interrogation by a
police officer as and when required;
- That the applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the facts of the
accusation against him so as to dissuade him from disclosing such facts to
the Court or to any police officer;
- That the applicant shall not leave India without the previous permission
of the Court;
When can the court grant reject Regular Bail?
- if there appear reasonable grounds for believing that the applicant has
been guilty of an offence punishable with death or imprisonment for life
- if offence is a cognizable offence and the applicant had been previously
convicted of an offence punishable with death, imprisonment for life or
imprisonment for seven years or more;
- the applicant had been previously convicted on two or more occasions of
a cognizable offence punishable with imprisonment for three years or more
but not less than seven years;
- there are sufficient grounds for further inquiry into his guilt;
- there are reasonable chances of applicant absconding from the country;
- the applicant can destroy/temper or influence witnesses of his case.
- Provisions And Procedures To Get Anticipatory Bail Under Criminal Law
- Consult with Criminal Lawyers in Chandigarh High Court
- Bare Act Source: The Code of Criminal Procedure 1973