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What is Bail?

Last updated on Apr 8, 2022

Bail is the temporary release of a person accused of a crime, by the court. The Court allows the accused person to be outside the jail on a condition that they would appear before the Court whenever required and will not commit any crimes. In most cases where bail is granted, a sum of money or property has to be deposited to the Court as a guarantee that the person makes an appearance back in Court whenever they are required.  

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Understanding Bail

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.

Anticipatory Bail

The law allows a person to apply for bail even when he has not been arrested, but fears arrest in the near future. This type of bail is known as anticipatory bail. The police cannot arrest a person who has an anticipatory bail order.  

Right to Bail

The right to Bail can be directly exercised in the case of bailable offences. For non-bailable offences, this right is dependent on the discretion of the court.   

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