What is a bail ? what are the types of bail under Crpc?

How many types of bail are there in india. What are the conditions to get a bail in non bailable offence.

 Meaning of Bail:- In simple language bail is a some amount of money which an arrested person submitted to court and court gives the order to release him during the trial of case. An accused can apply for a bail only before the judgement of court. After judgement he can not apply for a bail.

Types of Bail:-

There are three types of bail

1) Regular bail

2) Interim bail

3) Anticipatory bail

Regular Bail:- When police puts a person into the custody that person could apply for bail. Court has the power to grant the bail to him. This is a regular bail. This bail is granted after the arrest of an accused. 

 Interim bail:- When a person is applied for bail ( regular bail or interim bail) and the application is pending before the court then the person can apply for interim bail as a temporary bail, during the period of pendency court can grant interim bail while hearing the application of anticipatory or regular bail.

Anticipatory bail:- If the person has a threat to arrest he can apply of anticipatory bail. This bail is applied before the arrest. If a person has strong believe he could be arrested he can apply for anticipatory bail.

Application of anticipatory bail could be given under section 438(1) of Crpc to high court or court of session. Before granting the bail court considered the following factors:-

1. the nature and gravity of the accusation;
2. the nature of applicant that whether he has previously gone imprisonment on conviction by a court in respect of any cognizable offence;
3. the possiblity of applicant to flee from justice ;

There are also some conditions according to section 438(2) of crpc. which are

1. that a person shall make available for interrogation by a officer as and when required;
2. that the person shall not, directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court to any police officer.
3.  that the person shall not leave india without the previously permission of the court;
4. such other condition as may be imposed under sub section (3) of section 437 of the code of criminal procedure, as if the bail were granted under section 437 of the code of criminal procedure.

There is a case of Sushila aggarwal vs state of NCT of Delhi

In this case supreme court said that the time limit of granting the anticipatory bail can not be limited it can be continued even the end of the trial.

Bail in non bailable offence:-

Court has also the power to grant the bail in non bailable offence under section 437. There are the following provisions of section 437

(1) When any person accused of ,or suspected of , the commission of any non bailable offence is arrested or detained without warrant by an officer-in-charge of a police station or appears or is brought before a court other than the high court or court of session, i.e., the court of a magistrate he may be released on, bail but-

(i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;

(ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death , imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years :

But court may be grant the bail in the following condition 

(a) If such person is under the age of 16 years or is a woman or a sick .

(b) if there is no proper evidence and no proper reasonable ground to believe that the accused committed a crime.