Types of Bail in India and the conditions of granting of Bail

The word is from Old French baillier "to control, to guard, deliver" from Latin baiulare "to bear a burden," from baiulus "porter, carrier, one who bears burdens (for pay)," which is of uncertain origin; perhaps a borrowing from Germanic and cognate with the root of English pack, or perhaps from Celtic. De Vaan writes that, in either case, "PIE origin seems unlikely."

BAIL- The temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.

TYPES OF BAILS IN INDIA

Depending upon the intensity of Criminal matters , there are basically three types of Bails in India.

1. Regular Bail

2. Interim Bail

3. Anticipatory Bail

Let us discuss them in detail

REGULAR BAIL - This type of Bail is generally granted to a person who is in custody of the police or has been arrested by the police . For getting a Regular Bail , the person has to file an application under 437 and 439 of Criminal Procedure Code.

INTERIM BAIL- This type of Bail is granted before the hearing of Regular or Anticipatory Bail and it is granted for a short period of time.

ANTICIPATORY BAIL- This type of Bail granted under 438 of CrPC either by session court or High Court. It can be filed by the person who discerns that he may be arrested by the Police for a Non Bailable Offence.

Conditions of granting of Bail in Bailable Offences

1. There are sufficient reasons to believe that the accused has not committed the offence.

2.There is sufficient reason to conduct further enquiry in the matter.

3. The person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years.

Conditions for granting Bail in Non - Bailable Offences

An accused does not have the right to apply for bail in case of a non-bailable offence. The power to release a person on bail in a non-ballable offence lies with the court. Section 437 of Code of Criminal Procedure 1973 lays down the power of court to grant a bail to a person even in a non-bailable offence.

A person can apply for a bail in non-bailable offence. The conditions on which the court grants a bail in a non-bailable offence are as follows:

1. That all the allegations levelled against the applicant are false, frivolous in nature and is a complaint which has been filed with a motive to harass the accused/applicant.

2. That the applicant is a citizen of India having no criminal record and clean antecedents. 3. That there is no iota of evidence which can point at the commission of the alleged offence by the accused/ applicant.

4. That the accused/ applicant is the sole bread earner of his family and subjecting him to incarceration in a false complaint would not only ruin his life but will simultaneously have adverse impact on the lives of his wife and children.

5. That the accused is not an imminent danger to the public tranquility and safety. 6. That the accused/ applicant undertakes to fully co operate with investigating agencies and ensure his presence before the Ld. Court as and when required to do so.

7. That the accused/applicant would not engage in destruction and tampering of evidence if he is released on bail

8. That the accused/ applicant would not be detrimental to the prosecutrix in any manner and would not threaten the prosecutrix or any other family member of

the prosecutrix.

9. That no purpose would be solved if the accused is incarcerated.

10. That the applicant will not attempt to escape the clutches of law, if released on bail 11. That the applicant further undertakes to abide by all the conditions as the Hon'ble Court may deem fit in grant of bail

12. That no such application is pending before any other Court in the territory of India including the Apex Court.

Conclusion

It is true that Article 21 is of great importance because it enshrines the fundamental right to individual liberty, but at the same time there has to be a balance struck between the right to individual liberty and the interest of society. No right can be absolute and reasonable restrictions can be placed on them. The Court, at the time of adjudicating bail applications, after taking all such factors into account, is at liberty to impose reasonable conditions to be abided by the applicant

It is essential that the Courts should provide investigating authorities with reasonable time to carry out their investigations. It is equally important that the Courts strike a correct balance between this requirement and the equally compelling consideration that's citizen's liberty cannot be curtailed unless the facts and circumstances completely justify it. Upon the literal interpretation of the Section 437 of Code of Criminal Procedure 1973, it is observed that the legislature has used the words "reasonable grounds for believing" instead of evidence Thus the Court has merely to satisfy as to whether the case against the accused is genuine and whether there is prima facie evidence to support the charge.