Bail, in law, means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority. The monetary value of the security, known also as the bail, or, more accurately, the bail bond, is set by the court having jurisdiction over the prisoner. The security may be cash, the papers giving title to property, or the bond of private persons of means or of a professional bondsman or bonding company. Failure of the person released on bail to surrender himself at the appointed time results in forfeiture of the security.
there are 4 sections provided by IPC for bail. Section- 436 for bailable offences. Sec- 437 for non bailable offences. Sec-438 for a pre arrest direction( anticipatory bail) and Sec 439 for non bailable offences.
Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence. On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this). Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.
Under Indian criminal law, there is providison for accused t to secure his release by applying for bail under S. 436(1) of Cr P C, while in case of non-bailable offence, the accused may be released by the court on its discretion after he applied for bail under S. 437(1) of Cr P C. In case of a bailable offence, if the accused in indigent, he may be released by executing a personal bond without sureties. Bail application can be made to the court in which the accuses is tried i.e lower court.If lower court dismiss the Bail the accused can apply for bail in Sessions Court then to High Court. However, S. 439 gives special powers to HC and Court of Session to release a person on bail (after imposing certain conditions),
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