Bail is a legal process that allows an individual accused of a crime to be released from custody while awaiting trial or further investigation, subject to certain conditions. It is a fundamental aspect of protecting an individual’s right to liberty and presumption of innocence.

Types of Criminal Bail

1. Regular Bail
   Granted after arrest and custody; ensures release during trial.

2. Anticipatory Bail (Section 438 CrPC)
   Granted before arrest when a person apprehends arrest for a non-bailable offense.

3. Interim Bail
   Temporary bail granted while a regular or anticipatory bail application is being decided.

4. Default Bail (Section 167(2) CrPC)
   Granted when the police fail to file a charge sheet within the prescribed time (60/90 days).

   Bailable vs. Non-Bailable Offenses

   • Bailable Offense: Bail is a matter of right; the police or magistrate must grant it.

   • Non-Bailable Offense: Bail is not guaranteed; the court exercises discretion based on the seriousness of the offense, evidence, and risk of tampering or absconding.

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   Factors Considered by Courts in Granting Bail

   • Nature and gravity of the offense

   • Past criminal record (if any)

   • Risk of the accused absconding

   • Potential threat to witnesses or evidence

   • Cooperation with the investigation

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   Arnais Associates: Your Defense Starts with Bail

   Our criminal law team specializes in:

   • Drafting and filing anticipatory and regular bail applications

   • Representing clients before Sessions Courts, High Courts, and the Supreme Court

   • Emergency legal support for immediate bail needs

   • Legal strategy to ensure minimum pre-trial custody