Types, Process, and How to Get Bail After Arrest 2025

Arrested or fear of arrest? Understanding bail can be the difference between jail and freedom.

Bail is a fundamental right in India – "Bail is the rule, jail is the exception." Let's understand everything about getting bail.

What is Bail?

Bail means the temporary release of an accused person from custody, with the promise to appear in court when required.

Purpose:

• You're innocent until proven guilty

• No need to stay in jail during trial (which takes years)

• Ensures you attend court hearings

Bail means freedom during trial, not freedom from trial!

Types of Bail in India:

1. Regular Bail (Post-Arrest Bail)

Applied AFTER arrest, when the person is in police or judicial custody.

Who grants:

• Magistrate (for bailable offenses and some non-bailable)

• Sessions Court (for serious crimes)

• High Court (for grave offenses)

2. Anticipatory Bail (Pre-Arrest Bail)

Applied BEFORE arrest, when you fear you might be arrested.

Who grants:

• Sessions Court

• High Court

Not available for:

• Certain serious offenses (some states)

• After arrest already happened

3. Interim Bail

Temporary bail for short period (few days/weeks):

• Till anticipatory bail application decided

• Till regular bail hearing

• For specific purpose (medical treatment, family emergency)

4. Default Bail (Statutory Bail)

Automatic bail if:

• Police didn't file chargesheet within 60/90 days (depending on offense)

• Your constitutional right

Bailable vs Non-Bailable Offenses:

Bailable Offense:

• Bail is your RIGHT

• Police/court MUST grant bail

• Simple process

Examples:

• Simple hurt

• Theft below ₹5,000

• Assault without grievous hurt

• Public nuisance

• Cheating (amount below certain limit)

Non-Bailable Offense:

• Bail is NOT automatic right

• Court's discretion

• Must convince court

Examples:

• Murder

• Rape

• Kidnapping

• Dowry death

• Robbery

• Serious fraud

• Drug offenses

• Corruption

When is Bail NOT Granted?

Court may refuse bail if:

❌ Accused may flee/abscond❌ May tamper with evidence❌ May threaten witnesses❌ May commit more crimes❌ Offense very serious (heinous crime)❌ Previous criminal record❌ Investigation stage requires custody❌ Strong evidence against accused❌ Public interest demands custody

Factors Court Considers for Bail:

✅ Nature and seriousness of offense✅ Severity of punishment✅ Character and criminal record of accused✅ Likelihood of accused fleeing✅ Strength of prosecution case✅ Risk of tampering evidence/influencing witnesses✅ Accused's ties to community (family, job, property)✅ Stage of investigation/trial✅ Health and age of accused✅ Time already spent in custody

Documents Required for Bail Application:

✓ FIR copy✓ Chargesheet (if filed)✓ Accused's personal details (age, address, occupation)✓ Address proof✓ ID proof (Aadhaar, PAN)✓ Property documents (if offering surety)✓ Medical certificate (if health grounds)✓ Previous bail orders (if any)✓ Employment/business proof✓ Character certificates✓ Affidavit✓ Any other relevant documents

How to Apply for Regular Bail:

Step 1: Hire Lawyer

Essential! Don't attempt bail without lawyer (except in simple bailable cases).

Step 2: Prepare Bail Application

Lawyer drafts bail application mentioning:

• Personal details of accused

• Details of offense and FIR

• Grounds for bail (why bail should be granted)

• Undertaking to appear in court

• Sureties offered

Step 3: File in Appropriate Court

Bailable offense:

• Police station (before FIR)

• Duty Magistrate (any time)

Non-bailable offense:

• Magistrate Court

• Sessions Court

• High Court (if lower courts rejected)

Step 4: Court Hearing

• Public prosecutor opposes (usually)

• Your lawyer argues

• Court hears both sides

• May be decided same day or after few hearings

Step 5: Bail Order

If granted:

• Bail order issued

• Conditions mentioned

• Sureties to be furnished

Step 6: Furnish Bail Bond and Surety

Bail Bond:

• Written undertaking by accused

• Promise to attend all court dates

• Amount mentioned (₹10,000 to ₹10 lakh+ depending on case)

Surety:

• One or two persons guarantee for you

• Must have property or fixed deposit matching bail amount

• Sureties sign undertaking

Step 7: Release from Custody

After bail bond and surety verification:

• Release order issued

• Accused released from jail

Process can take few hours to few days.

How to Apply for Anticipatory Bail:

When to apply:

• When FIR likely to be filed

• When named in complaint

• When police looking for you

• When threat of false implication

Step 1: Consult Lawyer Immediately

Step 2: File Application

In which court:

• Sessions Court, or

• High Court

Application must contain:

• Apprehension of arrest

• Grounds why arrest not warranted

• Your side of story

• Undertaking to cooperate with investigation

• Request for protection from arrest OR bail if arrested

Step 3: Court Hearing

• Lawyer argues

• Court may grant interim protection (till decision)

• Main hearing after notice to police

Step 4: Order

If granted:

• Anticipatory bail with conditions

• Protection from arrest OR immediate bail if arrested

• Must join investigation when called

If rejected:

• Can apply in High Court

• Or face arrest and apply for regular bail

Bail Conditions (Usually Imposed):

✓ Appear in court on all dates✓ Not leave city/state without permission✓ Surrender passport✓ Not tamper evidence✓ Not contact witnesses✓ Not commit any offense✓ Report to police station periodically (weekly/monthly)✓ Furnish surety✓ Deposit passport/property documents

Violating bail conditions → Bail cancelled → Back to jail!

Cost of Bail:

Lawyer fees:

• Regular bail (lower court): ₹10,000-₹50,000

• Regular bail (High Court): ₹50,000-₹3,00,000

• Anticipatory bail (Sessions): ₹25,000-₹1,00,000

• Anticipatory bail (High Court): ₹1,00,000-₹5,00,000+

Court fees: Nominal (₹100-₹500)

Surety verification: May involve some cost

If Bail is Rejected:

Options:

1. Appeal to higher court (Sessions Court → High Court → Supreme Court)

2. File fresh bail application after some time (if circumstances change)

3. Apply for default bail (if chargesheet delayed)

Don't lose hope – keep applying!

Default Bail (Your Right):

Under Section 479 BNSS (earlier 167 CrPC):

If police don't file chargesheet within:

• 60 days for offenses with punishment less than 10 years

• 90 days for offenses with punishment 10+ years or death

You get AUTOMATIC bail!

How to claim:

• File application in Magistrate Court

• Show that chargesheet not filed in time

• Court MUST grant bail

Many undertrials don't know this right – languish in jail for years!

Special Cases:

A) Bail for Women:

• Liberal bail norms

• Preferential treatment (especially if young children)

• Health considerations

B) Bail for Senior Citizens (60+):

• Liberal approach by courts

• Health grounds considered

C) Bail for Juveniles (below 18):

• Different law (Juvenile Justice Act)

• Bail almost always granted

• Released to parents/guardians

D) Bail in Economic Offenses:

• Strict approach

• Difficult to get

• High amounts involved

E) Bail in NDPS (drug cases):

• Very difficult

• Special restrictions under NDPS Act

• Twin conditions must be satisfied

Recent Supreme Court Guidelines:

Bail reforms (2024):

• Bail should be norm, not exception

• Consider time already spent in custody

• Undertrial can't be kept longer than maximum sentence for offense

• Speedy trial is fundamental right

• Economic inability shouldn't keep poor in jail

Rights of Person in Custody:

✓ Right to know grounds of arrest✓ Right to bail (in bailable cases)✓ Right to apply for bail (non-bailable)✓ Right to free legal aid✓ Right to meet lawyer✓ Right to inform family✓ Right to medical treatment✓ Right against torture✓ Right to be produced before Magistrate within 24 hours

What to Do Immediately After Arrest:

1. Don't panic – Stay calm

2. Don't resist arrest physically

3. Ask for arrest memo (police must give)

4. Inform family/friend immediately

5. Ask to meet lawyer (your right)

6. Don't sign anything without reading

7. Don't make confessional statements

8. Exercise right to silence (except giving basic information)

9. Note police behavior (for any complaint later)

10. Request medical examination if assaulted

Common Bail Myths:

Myth 1: "Rich people easily get bail"Truth: Money helps hire good lawyer, but law same for all.

Myth 2: "Bail means case closed"Truth: Trial continues. Bail is just temporary release.

Myth 3: "Once bail granted, can't be cancelled"Truth: Bail cancelled if conditions violated.

Myth 4: "Can get bail in any offense"Truth: Some offenses have restrictions (terrorism, some drug cases).

Myth 5: "Must pay bail amount to get released"Truth: Bail bond and surety needed, not actual payment (unless personal bond for small amount).

Real Cases:

Case 1: Student falsely implicated in assault case. Applied for anticipatory bail in Sessions Court. Granted with conditions: join investigation when called, don't leave city. Case later proved false, charges dropped.

Case 2: Businessman arrested in cheating case. Regular bail rejected by Magistrate. Applied in Sessions Court. Granted bail on ₹2 lakh surety after 15 days in jail. Trial continues.

Case 3: Person arrested in theft case. Chargesheet not filed in 60 days. Applied for default bail under Section 167 CrPC. Automatically granted. Released after 70 days.

Bail Cancellation:

Bail can be cancelled if:

• Abscond/don't attend court

• Threaten witnesses

• Commit another offense

• Tamper with evidence

• Violate any bail condition

Procedure:

• Police/Complainant files application

• Court issues notice

• Hearing

• If proven, bail cancelled

• Non-bailable warrant issued

• Arrested again

Conclusion:

Bail is your right, not a privilege. Understand the process, know your rights, and act quickly. Engage a good criminal lawyer immediately.

Remember – being arrested doesn't mean you're guilty. You have right to defend yourself outside jail while trial continues.

Facing arrest or need bail? Contact criminal lawyer immediately – time is critical!