Bail in the bailable offence
When any person who is accused for a bailable offence then the person is arrested or detained without warrant by an police officer who is in charge of it, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail. In the case of bailable offence, one has to only file the bail bonds and no application is required.
Bail in the non-bailable offence
Non-bailable offences are those offences which are considered as serious offences where bail is a privilege and can only be granted by the court only. If a person is arrested and is under the custody and the accused has done something serious or non-bailable crime, then the person cannot ask to be released on the bail as the matter of the right.
On account of a non-bailable offence, the police can't discharge anybody on safeguard thus the captured individual needs to make an application for safeguard under the watchful eye of a judge or court. Afterthought of elements, for example, the earnestness of the offense, the odds that the blamed will meddle with the examination by altering proof or undermining witnesses or if the denounced is probably going to seek total isolation or leave the nation to get away, the court will choose whether he/she can be permitted to be let out on safeguard or not.
[Suggested Read: What are Bail and the grounds for refusal?]
In the event that somebody is rejected safeguard, he/she can engage a higher court. In the event that the police don't finish their examination within 60 days for a wrongdoing that isn't culpable with death or life detainment, at that point the charged gets safeguard. For offences that are culpable with death or life detainment, the examination must be finished up inside 90 days, or the charged will have the privilege to safeguard.
Law Commission of India in its 41st report suggested fusing an arrangement for Anticipatory Bail. Section 438 of the Criminal Procedure Code managed the Anticipatory Bail. This provision enables a man to look for safeguard fully expecting a capture on an allegation of the non-safeguard capable offence having submitted by him. It is a course to discharge a man on safeguard, issued even before the individual is captured.
[Suggested Read: How to Get Anticipatory Bail in India?]
3-Stages of Granting the Bail
- Pre-trial Stage
- Trial Stage
- Post-trial Stage
General principles for a Bail
- No prima-facie case made out
- No specific over act
- The benefit of doubt
- Exceptions under CrPC
- Delay in lodging FIR
- Delay in investigation
- Delay in trial
- Long detention
- Bail granted to co-accused
- Plea of alibi