Types of Bail under CrPC

Bail is a fundamental aspect of the Indian criminal justice system, providing a means for an accused individual to be released from custody while ensuring their appearance at trial. It aligns with the Indian Constitution’s guarantee of personal liberty, enshrined in Article 21. Bail plays a crucial role in balancing justice and individual freedom. Governed primarily by the Code of Criminal Procedure (CrPC) 1973, the bail system in India consists of various categories: regular, anticipatory, interim, and default bail.

For a comprehensive overview of bail and its types, check out our detailed guide here. let’s explore the different types of bail that an accused can request in India.

1. Regular Bail

Regular bail is granted to an accused individual after arrest and detention. This type of bail is regulated by CrPC Sections 437 and CrPC Section 439.

Key Sections:

• Section 437: Details the magistrate's authority to grant bail for non-bailable offenses under certain conditions. It considers factors such as the seriousness of the offense, the accused’s health, and their likelihood of fleeing or tampering with evidence.
• Section 439: Allows the High Courts and Sessions Courts to grant bail when the magistrate’s court has refused it, providing additional discretion for conditions and modifications.

Conditions for Regular Bail:

• Offense Gravity: Serious crimes like terrorism, rape, or murder require closer scrutiny.
• Accused’s Background: Previous criminal records influence bail decisions.
• Risk of Evidence Tampering: Bail may be denied if there’s a risk of tampering or influencing witnesses.
• Absconding Risk: Ties to the community can impact the likelihood of bail.
• Health and Age: Special consideration for women, minors, and those with serious health issues.

2. Anticipatory Bail

Anticipatory bail allows individuals to seek bail before an arrest for offenses where bail may not typically be granted. This is outlined in Section 438 of the CrPC.

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Key Section:

• Section 438: Provides for anticipatory bail by the High Court or Sessions Court, allowing individuals to avoid arrest based on their application and the gravity of the accusation.

Conditions for Anticipatory Bail:

• Offense Severity: Serious offenses might result in a denial.
• Applicant’s Background: A history of criminal activity affects the likelihood of bail.
• Abuse Risk: Assessment of whether the bail might be misused.
• Flight Risk: Consideration of the applicant’s community ties.

Notable Judicial Pronouncements:

• Gurbaksh Singh Sibbia v. State of Punjab (1980) established that anticipatory bail should be granted cautiously and based on case merits.
• Arnesh Kumar v. State of Bihar (2014) emphasized guidelines to prevent arbitrary arrests and unnecessary detention.

3. Interim Bail

Interim bail provides temporary relief while a regular or anticipatory bail application is being processed. Though not explicitly mentioned in the CrPC, it is derived from Sections 437, 438, and 439.

Key Sections:

• Section 437: Includes the authority to grant interim bail in appropriate cases.
• Section 438: Allows interim bail while an anticipatory bail application is pending.
• Section 439: Empowers higher courts to grant interim bail.

Conditions for Interim Bail:

• Investigation Status: Likelihood of granting interim bail is higher if the investigation is near completion.
• Accused’s Health and Age: Special consideration for vulnerable individuals.
• Risk of Absconding: Assessing the accused’s ties to the community.
• Impact on Victims and Witnesses: Ensuring that interim bail does not negatively affect the ongoing case.

Read More About Interim Bail

4. Default Bail

Default bail, or statutory bail, ensures release if the investigation isn’t completed within the stipulated time frame. It is guaranteed under Section 167(2) of the CrPC.

Key Section:

• Section 167(2): Provides for default bail if the charge sheet is not filed within 60 or 90 days, depending on the offense.

Conditions for Default Bail:

• Investigation Delay: The investigation must be incomplete within the specified period.
• Application for Bail: The accused must apply for default bail after the time limit expires.
• Bail Bond Availability: Conditions of the bail bond must be met.
• Non-Waiver of Right: The right to default bail must be claimed promptly.

FAQ related to kinds of bail in India

Q1. Can anticipatory bail be revoked?

Yes, anticipatory bail can be revoked if the court finds that the accused has violated the conditions of the bail or if new evidence emerges that necessitates their custody. The prosecution may request the cancellation of the bail, and the court will decide based on the merits of the case.

Q2. list of documents required for bail in india

Documents required for bail in India typically include a bail application, an affidavit by the applicant, personal identification documents, proof of residence, and any relevant legal documents like the FIR copy. Additional documents may be required depending on the specifics of the case.

Q3. What is the difference between regular bail and anticipatory bail?

Regular bail is granted after an arrest, allowing the accused to be released from custody. Anticipatory bail, on the other hand, is sought before arrest, providing the accused protection from being detained in the event of an impending arrest.

Q4. What is the meaning of regular bail application?

A regular bail application is a formal request made to the court by an accused person seeking release from custody after their arrest. The application is filed post-arrest and is considered by the court based on various legal factors.

About The Author:

Adv. Bharat Kishan Sharma is a practicing lawyer at All Court of Delhi, NCR, with 10+ years of experience. He is a consultant and practices in the area of Criminal Cases, Contract Cases, Consumer Protection Cases, Marriage and Divorce Cases, Money Recovery Cases, Cheque Dishonour Case, etc. He is a passionate Counsel providing services in Litigation, Legal Compliance/Advisory to his clients in diverse areas of law.