Article 21 of the Indian Constitution, which specifically states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Every accused who has been charged with the allegations of a non- bailable offence has not only the right to a good defense but also to be by the Court upon taking into various factors such as nature or seriousness of the offence, the character of the evidence and many more.
Bail: Originally, the word is derived from an old French verb ‘bailer’ which means ‘to give’ or ‘to deliver’. Bail denotes a provisional release of an accused in a criminal matter in which the court is yet to announce a judgment. It means a security deposited to appear before the court for release.
Types of Bail in India
1)Regular Bail: When a person commits a cognizable -non-bailable offence (offences which are so grave that police can arrest the accused without a warrant and start investigation without the permission of the court) the police can take him under custody and after the custody period expires, he must be sent to jail. Section 437 and 439 of the Cr.P.C gives the accused the right to be released from such custody. So, a regular bail is basically the release of an accused from custody to ensure his presence at the trial.
2) Interim bail: Interim bail is a bail granted for a short period of time, either during the time when they await the settlement of the application or when the application of anticipatory or regular bail is pending before the court. It is always conditional and can be extended, but if it expires before the accused has been granted an anticipatory bail or regular bail and he fails to pay the amount required for continuing the bail, then he loses his right of freedom and will be taken under custody.
3) Anticipatory bail: Anticipatory bail is self-defining. It is a type of bail where a person is in anticipation of getting arrested for a non-bailable offence by the police. This is an advanced bail mentioned under Section 438 of the Act. A person who has been granted an anticipatory bail cannot be arrested by the police.
How to Apply For Bail in India?
The process to apply for a bail depends upon the stage at which the criminal matter is. In case, the person is not yet arrested by the court, but fears that an FIR may be filed against him with the police, the person can hire a criminal defense lawyer in India to file an anticipatory bail application. For instance, if the person has an apprehension that his wife may file a false 498A case against him, he can obtain an anticipatory bail before the police register a complaint against him.
If the police have already arrested the person and taken him to the police station, the bail lawyer can file a bail as per the bail application format given in the CrPC. The bail application is to be filed and approved by the court and then presented to the police to get the arrested out of jail.
The bail amount or the bail bond to be deposited depends upon the discretion of court. However, a standardised bail amount is set and deposited for bail in less serious criminal cases.
Bail is an important check and balance to ensure that no innocent person is punished until proven guilty. But the complicated system of bail in the country’s criminal law system often fails to appreciate it.
This would go a long way in upholding the rights of life and liberty enshrined in the Indian Constitution.
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