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📍 Office: Karkardooma Court, Delhi

Need Bail in a Criminal Case?

“No person shall be deprived of his life or personal liberty except according to the procedure established by law.”
This principle, rooted in the Indian Constitution, forms the backbone of the bail system in India. The Code of Criminal Procedure (CrPC), 1973 outlines various provisions for bail, though it does not define the term explicitly.

Bail refers to the legal process of securing the temporary release of an accused from custody while ensuring their presence in court during the trial.

Types of Bail in India

1. Bail in Bailable Offences (Section 436 CrPC)

• Available as a matter of right.

• If the offence is bailable, the police or the magistrate must grant bail.

• Example: Minor assault or defamation cases.

2. Bail in Non-Bailable Offences (Section 437 & 439 CrPC)

• Discretionary and not a matter of right.

• Bail can be denied if:

  • The offence is punishable with death/life imprisonment.

  • The accused has prior convictions.

• Bail may be granted if the accused is:

  • A woman

  • Under 16 years

  • Sick or infirm

Important Considerations for Bail in Non-Bailable Offences:

• Prima facie case

• Nature & gravity of offence

• Severity of punishment

• Risk of absconding

• Influence on witnesses

• Risk of justice being compromised

🧾 Case Law References:

• State of U.P. v. Amarmani Tripathi

• Prahlad Singh Bhati v. NCT of Delhi

• Ram Govind Upadhyay v. Sudarshan Singh

3. Anticipatory Bail (Section 438 CrPC)

When a person anticipates arrest in a non-bailable offence, they can apply for anticipatory bail in the Sessions Court or High Court.

Conditions for Anticipatory Bail:

• The offence must be non-bailable and cognizable.

• A reasonable belief that the person may be arrested.

👨‍⚖️ Key Case: Gurbaksh Singh Sibbia v. State of Punjab (1980)
Landmark judgment on anticipatory bail, affirming that:

• FIR is not mandatory before applying.

• Bail is a safeguard of personal liberty.

• Courts must evaluate every case on its own merits.

Further Guidelines: (Siddharam Satlingappa Mhetre v. State of Maharashtra)

• Role of the accused must be evaluated carefully.

• No past criminal record is preferred.

• Bail prevents humiliation and harassment from false cases.

• Investigation should not be hampered.

4. Default Bail (Section 167(2) CrPC)

If the police fail to file a charge sheet within:

• 60 days (for offences punishable up to 10 years)

• 90 days (for offences punishable over 10 years or death penalty)
  Then the accused is entitled to bail by default.

Why Choose Advocate KK Saxena – Bail Lawyer in Delhi?

• ✅ Expert in Anticipatory and Regular Bail Cases

• ✅ Same-Day Representation in Karkardooma Court

• ✅ Affordable Legal Services Starting from ₹7000

• ✅ 20+ Years of Criminal Law Experience

📞 Call Now: +91 88515 75983
📍 Office Address: Karkardooma Court, Delhi