Author: Akshma Gupta, Student at University of Petroleum & Energy Studies, Dehradun
Bail is temporary release of the accused person in any criminal offence. Such release is done by submitting a bail bond which is an assurance to comply with the court conditions. Common terms used for Bail are ‘Zamanat’ and ‘Muchalaka’. Section 436 to 450 of the Code of Criminal Procedure, 1973 governs the provisions of bail.
The offences are categorized as bailable and non bailable offences in the context of bail. These offences are defined under section 2(a) of the Code of Criminal Procedure, 1973. There are different types of bail i.e., Regular Bail, Interim Bail and Anticipatory Bail. Such differentiation in bails is made in terms of type of offence and period of bail.
The conditions for granting bail is mentioned under section 436 to 450 of the Code of Criminal Procedure. Granting of Bail is on the discretion of the court which means that court can deny granting bail in some circumstances.
Keywords: Bail, Bail Bond, Code of Criminal Procedure, Zamanat, Muchalaka, Release, accused, suspect.