Bail is the temporary release of an accused person from custody while their trial or hearing is pending. In India, bail is governed by the Code of Criminal Procedure (CrPC), 1973 — specifically Sections 436, 437, 438, and 439.

Types of Bail in India

• Regular Bail (Section 437/439 CrPC): Granted after arrest and during trial. Applied in the Sessions Court or High Court for serious offences.
• Anticipatory Bail (Section 438 CrPC): Applied before arrest when a person apprehends arrest. Once granted, it protects from arrest for the offence specified.
• Interim Bail: Temporary bail granted while the full bail application is being heard.
• Default Bail (Section 167(2) CrPC): Granted when the police fail to file a charge sheet within 60 or 90 days (depending on the offence).

Factors Courts Consider for Bail

• Nature and gravity of the offence
• Antecedents and criminal history of the accused
• Likelihood of fleeing or tampering with evidence
• Community ties, family background, and employment status

Bailable vs Non-Bailable Offences

For bailable offences, bail is a matter of right. For non-bailable offences (like murder, rape, dacoity), bail is at the discretion of the court. Having an experienced advocate is crucial for non-bailable offences.

If you or a family member has been arrested, call Advocate Ankush Mittal & Associates immediately at +91 9996865669 — available for urgent bail applications 24/7.