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Bail means the release of an accused or an appellant upon security given to ensure that the accused will appear in court on an appointed date if released from jail or upon an undertaking given by sureties to produce the accused in Court on such a date.

There are 4 types of bail - personal bond with security, personal bond without security, bond with surety but without security, and bond with surety and with security.


A person accused on petition of a crime which is by law bailable shall be entitled immediately, on any occasion on which he is detained by the police officer without a warrant, to be brought to court and released on bail. Examples of these cases are defamation, forgery and cheating.

In bailable cases, the Court may impose conditions in granting bail. Example includes having the accused to surrender his passport. Failure to comply with any required condition may result in the accused being kept in remand until trial.

All crimes and offenses except the un-bailable are bailable. Un-bailable cases include

  • murder
  • treason
  • attempted murder
  • culpable homicide
  • rape
  • attempted rape

As a matter of fact, bail is not completely prohibited in those cases but available at the discretion of the Court or police officer in charge of a police district.

However, bail must be refused if there are reasonable grounds for believing that the accused has been guilty of an offense punishable by death or life imprisonment. Exception may be made for any person under 16 years of age or any woman or any sick or infirm person accused of such an offense.


An accused must observe a few standard conditions.

An accused must appear at the appointed time at every diet relating to the offence with which he is charged of and which he is given due notice.

While on bail, an accused must not commit an offence.

An accused is prohibited to interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person.

An accused must make himself available for the purpose of enabling inquiries or a report to be made to assist the court in dealing with him for the offence with which he is charged.

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