Understanding Bail

Last updated on Apr 8, 2022

Bail is when an accused assures the police that he will not run away or commit any more crimes if he is released into society. Thus, bail is usually through a :  

  • Bail Bond 

A bail bond is the money that a person must deposit with the court when they have been granted bail. It is to make sure that the person does not run away. The amount might be less or more, depending upon the nature of the crime. In case you don’t have money, your property can be attached to get bail. This deposit of money or attachment of property is mandatory for bail. The Court may ask the person to not leave the territory of the country and report to the court whenever he is required to do so under the Bond. 

  • Personal Bond

In certain cases, while granting a person bail, the Court may not ask them to submit a bail bond, but instead release them on their own promise, or what is commonly known as a personal bond. Bail can be granted on a personal bond either with or without sureties. Courts have discretion in the matter so they may release the accused by taking only a personal bond without insisting for a surety. 


  • Surety

When you approach the court for bail, sometimes the court wants sufficient guarantees to ensure you won’t run away. The court may ask you to get some people to take this responsibility. The same person does not have to always remain a surety. A person acting as a surety can apply to be ‘discharged’ from their position of a surety.  In such a circumstance, you will need to replace the surety. You will need to get another person to the Court to sign as your new surety. If you can’t replace the surety, you will be taken into custody.

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