Types of bail in India
Just because a person is accused for an offence, it is not expected to keep that person in custody for an endless period i.e until the trail ends. Since the accused is presumed to be an innocent until proved guilty beyond reasonable doubt. It is against the constitutional right to life and personal liberty as enshrined under Article 21 of the constitution of India where he has all the guarantees necessary for his defence.
The Hon'ble supreme court of india in one of its ruilings has held that; It is well settles that pre-trail detention is not to be restored to as a measure of punishment. The mere fact that the case prime facie involves a serious crime is not by itself conclusive.
What is bail?
It refers as release of an accused in which the court is yet to announce the judgment. Its objective is neither punitive or preventative.
The Crpc, 1973 defines offences into two category those are Bailable and Non-Bailable offence.
Bailable Offences are one in which bail is granted to a person as a metter of right on accused furnished a person with bond or security.
Whereas Non-Bailable offences are those offences which are not granted as the matter of right. These are serious offences where bail is a privilege and only the courts can grant it. Here a person accused of a Non-bailable offence can apply for pre-arrest bail under Crpc.
There are three types of Bail in India:
1. Anticipatory Bail.
Anticipatory bail, as the name suggests the bail is granted to a person in anticipation. If a person believes that he/she may be arrested arrested for Non-bailable offence, they can apply to session court or High court for anticipatory ba under Section u/s 438 of CrPC. It is a preventive relief which was not originally included in CrPC,1973.
Some factors to be consider while granting Anticipatory bail, such as Prima facie or on reasonable grounds, nature of allegations, chances of witness to ne threatened or evidence being tampered etc. Anticipatory bail can be cancelled on the grounds of witness/complainant being in danger, character or behaviour of the accused, likelihood of offence being repeated etc.
2. Interim Bail.
Interim bail is granted for a brief period of time, where High court after seeing all the documents makes decision. It is granted to an accused before the hearing, to grant normal or anticipatory bail. Interim bail can be filed on the basis of issue, if its granted. The bail can be granted in 1 or 2 days.
3. Regular Bail.
Section 437& 439 of CrPC gives the accused the right to release from custody after paying a bail amount. A bail is granted to an individual who has already been arrested and kept in police custody.
There are few conditions which are important while discharging the accuse which includes, appearing to the court, an undertaking to not repeat same offence and an undertaking to not get involved directly or indirectly with the person involving the case.
Through bail is a rule and jail is an exception, the Hon’ble court dealing with the bail application has to keep a balance between an individuals constitutional rights with society’s interest. This is to keep smooth functioning so that no one gets suffered in between.