The term Bail is not defined in the Code of Criminal Procedure, basically Bail is an agreement in which the accused makes the written statement before the court in which it is written that he can appear before the court whenever it is required and comply with any conditions set out in the agreement.
Bailable offences are those crimes that are not very serious by nature. In such cases bail is a right and the arrested person must be released after applying bail to the police. The police have the power to grant bail to these types of cases. The suspects could be released on bail, while operating “bail bond”, or without furnishing suerities.
“Bail Bond” may contain certain terms and conditions, such as:
Accused shall not relinquish power without the consent of the court or police officer. The accused will always appear before the police chief, and is expected to do so. The accused will not interfere with any evidence, which is being processed by the police in the investigation.
The court is empowered to deny bail to the accused even if a case is found bailable, in which the person granted bail fails to comply with bail conditions.
Examples of Bailable Offence
The following are some examples of Bailable Offences under the Indian Penal Code.
• Membership of an illegal Forum
• Noise, armed with a deadly weapon
• An employee who does not comply with the law with the intent to harm any person.
• Wearing a Garb or token used by a public servant for fraudulent purposes.
• Bribery in connection with elections
• False statement about the election
• Refusing an oath when you are required to take an oath of office
• Preventing a Public Servant from performing his or her public duties
• Giving or giving false evidence in a court of law
• Selling any food or drink as food and drink, knowing the same is dangerous
• Causes disruption of religious meetings
These offences are serious offences where bail is a right and only the courts can grant that. When arrested and remanded in custody for a serious or non-discriminatory offense, a person cannot request to be released on bail as a right.
The court may refuse bail, if:
The “Bail Bond” has not yet been properly executed, or if the case has been filed, which imposes the death penalty or imprisonment, such as “Murder” or “Rape” or the accused attempted to flee, and his certificates are unquestionable.
The bail application will be filed before the Magistrate with the help of a criminal lawyer, who is conducting the trial. The application after the application is usually listed. On that day, the application will be heard, and the police will present the accused in court. The magistrate may pass such orders, as he may determine.
Examples of Non-Bailable offences
The following are some examples from Unauthorized Cases under the Indian Penal Code.
• Murder (S.302) IPC
• Marriage Death (S.304-B) IPC
• Attempted murder (S.307) IPC
• Voluntary pain causes great pain. (S. 326) IPC
• Kidnapping (S. 363) IPC
• Rape (p. 376) etc.
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