Bail - Meaning, Types, Requirements

By : Neha Dhyani

Updated : Apr 19, 2022, 6:04

When a person is accused of something, they can be released temporarily on payment of a sum of money. However, they provide a guarantee that they will appear in court. This temporary release of a prisoner on payment of consideration is called Bail.

Whether you are accused of a civil or criminal offence, applying for bail is your constitutional right. However, it is not granted in certain cases. Examples include a repeat offender, or there is a high possibility they won't appear in court.

How Do You Apply for Bail?

When someone files an FIR (First Information Report), you will need to apply for bail. You are required to provide information about yourself and your thumbprints. Your background will be verified for any criminal records.

The time required for the application of bail will depend on the severity of the charge. For minor offences, bail can be applied immediately. For major offences, you may need to wait for 24 hours; however, certain offences are non-bailable.

What are the Different Types of Bail?

Here are some of the different types of bail:

  • Interim Bail

This is a temporary bail where the higher court calls for documents before a final decision regarding the bail application can be taken. After getting the documents, the higher court can decide if the accused will get permanent bail, an extension of the interim bail, or if the bail application will be completely rejected.

  • Permanent Bail

This bail is granted after hearing both the petitioner and the prosecution. The accused does not have to appear in court after this.

  • Bail Before Arrest

If the court feels that someone has been falsely accused, they grant bail before arrest. This bail is granted since the court would not like anyone's honour and dignity to be adversely affected.

  • Protective Bail

The accused gets protective bail by approaching the provincial court so that they can get a pre-arrest bail without touching its merit.

  • Bail on Arrest

This is granted under Section 497 of the Code of Criminal Procedure. This is available for both bailable and non-bailable offences by the accused.

  • Approaching Superior Court Directly

If the accused has been prevented from approaching the lower courts for pre-arrest bail, the superior courts can grant it depending on the merit of the case.

  • Bail for Convict

If the court feels that are accused deserves bail depending on the grounds of the case, they can grant bail even if the accused is convicted.

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What are the Requirements for Pre-Arrest Bail for Bailable Offences?

  • The seriousness of the Offence

The gravity of the offence does not have any importance in pre-arrest bail cases.

  • Personal Motive

If the accused can prove to the court that the plaintiff (who has filed the case) has some personal gain or an ulterior motive vis-a-vis the accused, pre-arrest bail can be granted.

  • Not Guilty

If the initial investigation proves that someone has been falsely accused, it's easy to get pre-arrest bail.

  • Fit Case

A civil case can be a fit case for appeal to the Supreme Court if the high court certifies that a point of law is involved and Constitutional interpretation is required.

  • Surrender

The pre-arrest bail can be granted if the accused surrenders before arrest. However, this form of bail cannot be granted if the accused absconds.

  • Submission of Bonds

If the accused submits the required bonds, they can get bail even for criminal cases.

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FAQs on Bail

Q.1. What is Bail?

When the accused in a case is released temporarily on payment of a consideration, it is called Bail.

Q.2. How Soon Can You Get Bail?

The speed at which you can get bail depends on the severity of the offence. Serious offences can require more than 24 hours.

Q.3. What are the Preconditions for Getting Pre-Arrest Bail?

The preconditions of getting pre-arrest bail include the seriousness of the offence, fit case, surrender, etc.

Q.4. Can You Get Bail Even After Conviction?

Yes, you can get bail even after conviction if the court feels you are falsely accused.