Bail is a set of restrictions that are forced on a suspect while pre-trial, to ensure they comply with the judicial process. In the United States, the bail mainly implies to the bail bond. A bail bond is a kind of money or the property which is deposited by a suspect to the court so that the person can be released before the pre-trial detention. And if afterwards the suspect does not present in the court after it then the bail will get forfeited and will be brought up by the charges of the crime of the “failure to appear” in the court of law. In India, the bails are mainly governed by the CrPC (Criminal Procedure Code) which defines whether the offence is bailable or non-bailable.

Bail petition can be filed in different courts such as magistrate court, Court of Session judge, high court division and appellant division.

When Can A Bail Be Refused?

The courts can refuse a person to bail for the following reasons:

  • If the court feels there is a risk of the defendant absconding
  • To prevent the defendant from committing further crimes
  • To prevent the defendant from interfering with witnesses
  • For the defendant's own protection
  • If the defendant is in prison for another offence
  • Where the court does not have sufficient information about the defendant
  • If it is following a conviction, then it is necessary to keep the defendant in custody for pre-sentence reports to be completed
  • If the defendant has breached bail condition