‘Bail’ as an expression can be termed as a security for release. And defined as release of an accused on provision in a criminal court case of which the final verdict is yet to be announced.
The objective for arrest is to ensure that the accused in a criminal case appears before the court for the conveyance of justice but if the presence can be guaranteed for trial it is considered unfair and unjust to put such person in jail. Thus, bail can be granted as a conditional liberty to the accused.
Types of Bail in India
There are three types of bail in India which can be provided to an accused when he/she applies for it but it also depeds on the stage of the case.
1. Interim Bail – This bail is granted for limited time period and the court generally grants it before the hearing of Anticipatory Bail or Regular Bail.
2. Anticipatory Bail – A person who apprehends that he/she can be arrested in a criminal matter by the police in a criminal non-bailable offence can file for Anticipatory Bail (AB) under section 438 of the CrPC. Upon securing an AB the person cannot be arrested by Police.
3. Regular Bail – Regular bail can be granted to a person who has already been arrested and kept in police custody. A person can file a bail application for regular bail under Section 437 and 439 of the CrPC.
How To Apply For Bail In India?
Applying for bail depends upon at which stage the criminal matter is. If the person perceives that a FIR may be filed against him can apply for AB. For example if a man has an apprehension that his wife may file a false 498a case against him, he may apply for Anticipatory Bail before the Police files the FIR.
In case the arrest has already taken place, the person may hire a good advocate and file the bail application format as per the CrPC. Then only on the approval of the court present it to the Police, and get out of jail.
The bail amount or the bail bond to be deposited depends upon the discretion of court. However, a standardized bail amount is set and deposited for bail in less serious criminal cases.
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