Procedure of Bail in India

Bail is the temporary or short-term release of an accused person awaiting for trail. It is judicial release, which becomes applicable after arrest. As soon as police arrest the accused they gather his personal information such as date of birth, address, his personal history and crime records. The police while preparing charge sheet checks the status of intoxication of accused.


When a person is arrested first thing he needs is a criminal defense attorney and apply for a bail. Now there are two types of offences: Bailable and non-bailable offences.

Bail application-

In order to obtain bail under bailable offence an accused has to file an application under Form-45 which is provided in the second schedule of CrPC. It has to be submitted in court where the proceedings are to be heard. The bail cannot be granted without the court’s approval therefore, the bail needs to be approved by the court. In case of non-bailable offence an accused need to fill the same form-45 as in bailable offence and submit it to the court. The only difference is that, here the court has the discretion to grant the bail. While in bailable offence it is mandatory for court to grant the bail.

Bail hearing-

In the process of bail hearing, judge hears all the reasons to grant bail and then announces the decision based on all the evidence and facts that are presented before the court. Some factors are to be considered during hearing for grant of bail such as character of the accused, nature of the crime for which the accused has been convicted, criminal background, employment and financial condition of the accused. The attorney on behalf of accused needs to convince the judge that accused is innocent and should not be convicted after trial.

Decision of the Court:

The judge can grant the bail or deny it due to a lack of evidence or if he thinks the evidence is not proper. Judge can deny the bail if the course of justice would be prevented by the person who seeks bail for the time being. However, it cannot be denied unless the offence for which suspect is charged is of the highest magnitude and the punishment of committing it is passed by laws of extreme gravity. If the judge has denied the grant of bail then the convicted person will again have to go to jail.

When the judge grants the bail then he imposes some conditions along with it such as accused cannot leave the territorial jurisdiction of the state without permission of the court or the police officer. The Accused shall give his presence before the police officer every time he is required to do so. The Accused cannot tamper with the evidence whatsoever, considered by the police in the investigation. Moreover, the court also has the power to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond. Bail bond also known as surety bond is a written promise, signed by offender and a person who gives surety to pay a certain amount fixed by the court.

When an accused appears before court, judge announces certain to be paid to ensured that the suspect appears in court at the time schedule. Mainly, there is a provision of the bail schedule, which provides for a predetermined amount for different criminal acts.

Under section 437 of CrPC the court has the power to cancel bail even after a person is released on bail.


Criminal Procedure Code, 1973

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