What is the Bail in Law?

                     Introduction:- 

bail is a set of pre trial restrictions that are imposed on a suspect to  ensure that they comply with the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required .The Code of Criminal procedure 1973 does not defie bail although the terms bailable offence and non- bailable offence have been defined in section 2(a) of the code.

 Bailable offence:- A bailable offence is an offence which is shown as  bailable in the first schedule of the code or which is made bailable by any other Law. It is use serious offence.

 Non-Bailable offence: It means any other offence. These are serious nature crimes. The police can not grant bails. it can only be granted by a Judicial magestrate / Judge.

 Section 436 to 450 Set out the provisions for the grant of bail in criminal cases.

 Object of Bail: The provisions regarding the release of the accused person on bail are aimed at ensuring the presence of the accused at his  trial but without unreasonably and unjustifiably interfering with his liberty .

 Circumstances in which release on bail:" 

[a] Cases other than those of non-bailable offences -

Section 436 provides that when a person accused of an non-bailable offence is arrested or detained he can as of right, claim to be released on bail.

[b] Right to be released on bail if investigations are not completed with in the prescribed number of days:

 when ever an accused person is arrested and detained in coustody by the police  during investigation and it appears that  the investigation Cannot be completed wit with in 24 hours as fixed by Section 57 the accused person must be forwarded to a judicial Magistrate. The magistrate may from time to time authorised the detention of the accused as such he thinks fit. But  the total period of detention in Such a case shall not exceed 90 days where the investigation offence Punishable with death, imprisonment for a term of 10years or more and Such period of detection shall not exceed 60 days. where the investigation relates to any other offence. On expiry of these periods, every person (accused) shall be released on bail .

[C] No reasonable grounds for beliving the accused guilty of non-bailable offence but sufficient grounds for further  inquiry -

When any person accused of  suspected of the commission of  any  non-bailable offence is arrested or detained without warrant by an officer in charge of Police station or appears or brought before a court and if it appears to such officer or court at any stage of the investigation, inquiry  or trials as the case may be that there are reasonable grounds for beliving that the accused has committed a non- bailable offence, but there are sufficient grounds for further inquiry into his alleged guilt thus according to section 437[2] the accused shall be released on bail.

[d] Release on bail after conclusion of the trial but before the Judgment is delivered:-

If at any time, after the conclusion of the trial of a person accused of a non- bailable offence and before judgment is delivered the court is of opinion that there are reasonable ground for beliving  that the accused is not guilty of any such offence it shall released the accused if he is in custody on the execution by him of a  bond without Sureties for his appearance to hear Judgment delivered.

Discretion in granting bail in non- bailable offence!→ 

Cases of non- Bail is a matter of light if the offence is bailable, but bail can only be a matter of discretion if the offence is non-bailable. Discretion, when applied to a court of justice sound discretion guided by law. It must not be arbitrary and vague but legal and regular The discretion to grant bail in cases of non bailable offence has to be exercised according to certain rules and principles as laid down by the code and judicial decisions.

 [b] Case-

 State v. Captain Jagjit singh- In this case a three - judge Bench of the supreme court while  Cancelling bail granted by the High court in a prosecution for Conspiracy and under section 3 and 5 official Secrets Act 1923 opined the Hight court should have taken into account various considerations such as-

[a] nature and seriousness of the offence

 [b] The character of the evidence 

[c] Circumstances which are peculiar to the accused

 [d] A reasonable possibility of the presence of the accused not being secured at the trial

 [e] Reasonable apprehension of witness being tampered with

 [f] The large interest of the public or the state

 [g] other similar consideration. 

Section 439- Special Powers of High court or court of sessions regarding bail!- 

A person Can more High court or the court of session for bail under Section 439 only when he is in custody or having offered himself to the courts jurisdiction and submitted to its order by physical presence.

 Cancellation of Bail:-

 The power to cancel bail has been given to the court and not to a police officer Secondary the court which granted the bail can alone cancel it .

     It was held in the Case of Narendra k Amin vs state of Gujrat. The bail granted by the Police officer cannot be Cancelled by the court of a magistrate for Cancellation of the bail in such a situation, the power of the High court or court of session under Section 439 will have to be intro in worked. 

Conclusion-

 In the end while concluding this we can say that right to bail is given to an individual 'in bailable offence and and non-bailable offence it is a matter discretion of High court or the sessions court the object of bail is to ensure the presence of the accused at his trial but without unreasonably and unjustifiably interfering his liberty. 

For Drafting of Bail:- 

                    Bail application

 Bail Under Sec 436 Crpc

 In the court of chief Judicial Magistrate 

CaseNo.............. of 20. ...........u/s 323,324 IPC  State ............... Complainant

Verses 

 A s/o B aged........ year, R/o......... Accused

 The humble petition v/s 436 crpc for bail on behalf of the above mentioned accused. A S/o B ........is as follows

 That above mentioned accused is arrested on ............by framing Charge u/s 323, 324 IPC. by .

That the Petitioner is an innocent and he  has been falsely implicated in this case owing to enemity 

[3] That the offence is bailable and the humble petitioner is ready to fernish bail-bond to the satisfaction of the court for his appearance. 

                             PRAYER

 It is therefore, most respectfully prayer that the petitioner may kindly be release  on  bail and for this act kindness petitioner shall 

Date:

                                                         

                                                  APPLICANT

 Place:-