The law that controls how criminal cases are handled in the nation is known as the Code of Criminal Procedure (CrPC). It came into effect in 1973. Bailable offences and non-bailable offences are the two categories into which offences fall in terms of their ability to be released on bail.
An illegal act or omission is known as an offense in plain English. In our nation, the idea of bail is still debatable since the public believes that the accused might run if a bail is set. Regular bail, interim bail, and anticipatory bail are the three different types of bail. The notion of anticipatory bail and significant Supreme Court rulings on the subject are briefly discussed in this article.
An offense that is not particularly serious on its own is one that is bailable. Only if the accused meets the requirements for obtaining bail may bail be granted.
Nowhere in the Code of Criminal Procedure is the word 'bail' defined. In general, the term 'bail' refers to the act of releasing an accused person in exchange for a financial payment and a pledge that he would continue to attend court sessions. It is claimed that the right to post bail is one that the Constitution grants under Article 21.
A person may ask for bail if the crime they committed qualifies for it. A 'bail bond,' which outlines the conditions under which a person would be released on bail, must be signed by the applicant. Anyone out on bail is expected to remain within the court's geographical jurisdiction.
There are essentially three kinds of bails-
Regular Bail
A person who has been detained by the police after being arrested may request a regular or daily bail. Sections 437 and 439 of the Code of Criminal Procedure provide provisions for bail.
Interim Bail
An accused person is given interim bail when the court directly orders it in order to free them for a brief period of time. The amount of interim bails issued has dropped as a result of the courts realising that they are frequently utilised improperly.
Anticipatory Bail
The issuance of anticipatory bail occurs before an individual is arrested. Pre-arrest bail is another name for it. It is referred to as 'grant apprehending arrest' in Section 438 of the Code of Criminal Procedure.
