Introduction
Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to bail provision. In today’s blog post, we aim to shed light on the prevailing issues surrounding the provisions of bail, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.
What Is Bail In Cr.PC?
Bail in the context of the Code of Criminal Procedure (CrPC) refers to the temporary release of an accused person from custody, pending trial or investigation, based on certain conditions imposed by the court. It is a legal provision that ensures the principle of “innocent until proven guilty” and safeguards the rights and liberty of individuals accused of a crime.
Types Of Bail
- Types of Bail: The CrPC recognizes two types of bail: Regular Bail and Anticipatory Bail.
a. Regular Bail: It is the bail sought after an accused person has been arrested and is in custody. The court has the discretion to grant bail based on various factors such as the nature of the offence, the severity of the punishment, the likelihood of the accused absconding, and the possibility of tampering with evidence.
b. Anticipatory Bail: It is a pre-arrest bail application that can be filed when there is an apprehension of arrest. If the court grants anticipatory bail, the accused person can avoid arrest and be released on bail if later arrested.
- Granting of Bail: The court considers several factors while deciding whether to grant bail or not. These factors may include the nature of the offence, the gravity of the allegations, the criminal record of the accused, the likelihood of the accused tampering with evidence or influencing witnesses, and the likelihood of the accused absconding.
- Conditions of Bail: The court can impose certain conditions while granting bail. These conditions may include depositing a certain amount of money as surety, surrendering the passport, attending court hearings regularly, refraining from contacting witnesses, or any other condition deemed necessary by the court to ensure the accused’s presence during the trial and prevent interference with the investigation.
- Bail in Non-Bailable Offences: In cases involving non-bailable offences, bail is not granted as a matter of right. The accused must apply for bail, and the court will consider various factors before deciding whether to grant bail or not.
Provision For Bail In CRPC
The Code of Criminal Procedure (CrPC) in India provides for the grant of bail under various provisions. Here are the key provisions related to bail in the CrPC:
- Section 437: This section deals with the power of the court to grant bail in non-bailable offences. It states that when a person accused of a non-bailable offence is arrested or detained, the court may grant bail unless the offence is punishable by the death penalty or life imprisonment, and the court has reasonable grounds to believe that the accused is guilty of such an offence.
- Section 438: This section pertains to the provision of anticipatory bail. It allows a person to seek bail in anticipation of arrest if they have a reasonable apprehension of being arrested for a non-bailable offence. The court may grant anticipatory bail after considering factors like the nature and gravity of the accusation, the possibility of the accused tampering with evidence, or influencing witnesses.
- Section 439: This section provides the general provision for granting bail in cases where the offence is bailable or non-bailable. It grants discretionary power to the court to grant bail to the accused. The court may impose conditions while granting bail to ensure the accused’s presence during the trial and prevent any interference with the investigation.
- Section 437A: This section pertains to the provision of bail in cases involving offences punishable with imprisonment for seven years or more. It states that if a person accused of such an offence is released on bail and later convicted, the court may order the forfeiture of the bail bond or impose additional conditions on the bail.
Conclusion
The CrPC provides bail provisions for the temporary release of an accused person during trial or investigation. It is granted based on factors like the offence’s nature and the likelihood of absconding or interference. Regular bail involves executing a bond, while anticipatory bail allows pre-arrest bail. Bail may be denied if there are reasonable grounds to believe the accused will flee, tamper with evidence, influence witnesses, or commit more offences.
We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to Cr.PC. We have a website on which we publish blogs informing the litigants about the said laws. Draft a blog which can be published on our website…..
Written by: Adv Priyanka Goel (D/945/2020)