“Bail” is considered as a temporary release of a person who is under arrest or has already appeared before the court in exchange for a promise to appear in the court at the scheduled time. With respect to the allowance of bail, the court exercises its discretion.  The court first evaluates circumstances of the specific case it also includes the doubts regarding the appearance of accused person in the trial.

It is the duty of Station House Officer to register FIR report when a case crops up against a person. It may take several years to catch the accused and put him in the lock-up. When this case brought into court the judge may deny Bail. The magistrate may forget the fact that it is right of accused to get a bail and it should be handled with utmost care. Unreasonable delay or postponement in the proceeding will badly effect on the accused as well as the court .


There are 2 types of offences in Indian Criminal Law



1.Bailable offence



2.Non Bailable Offence



Non-bailable offences are serious offences in which bail is a privilege and only the courts can grant bail. In this case, the police cannot release anyone on bail. The arrested person has to make a bail application before the court. In the case of bailable offense, the grant of bail is a matter of right. Bail may be either given by a police officer or by the court.



A bail is granted on the basis of nature of the crime, chances of accused’s escape, the character of accused etc. Bail should be granted in accordance with statutes and laws. Discretion in granting or refusal of bail should be implemented based on article 21 of the constitution.


In a country like India bail is an integral part of the judicial process. It is the duty of the magistrate to grant bail to accused if he had right to get bail. If there are any chances that accused may make any trouble to society then the court can deny the bail. Accused have the right to get bail after 60/90 days of custody. After the investigation, if accused is found innocent then he will get bail u/s 436 of Crpc. If the inquiry is pending then bail is granted u/s 446A.



According to SC Certain things to be considered while granting Bail to the defendant. They are nature of the charge, nature of the crime, evidence obtained, punishments, danger accused can cause if granted bail, the health of accused, age and sex of accused, the position of accused in the society and chances of accused to commit more crimes.

Leave a Comment

Your email address will not be published. Required fields are marked *