When a person accused of committing a crime is arrested, he/she has a legal right to file a Bail Application, seeking to be considered for release on bail. Bail is the process of securing the legal release from custody, of an accused charged with certain offences. A person has to execute a bail bond and furnish securities. He has to comply with the bail bond and appear before the police officer or court whenever required to do so. His failure can result in termination of his bail. He has to submit the form (Form 45) given in the second schedule to the court in which his case is being heard. In case, he has been accused of a non-bailable offence, he can submit a similar form before the Court in which his case is being heard, but it has been left to the discretion of the Court to decide the same. If the Court is satisfied that reasonable grounds exist for detaining such a person, it can refuse the grant of the bail.
Bail Application: The Format
Form No 45 In the Court of Shri _______________________________________ Police Station: Next date of hearing _____________ F.I.R. No.: Under Section: Sent to Jail on _____________ Bail Bond I, _________________________ son of Shri ___________________________________; Resident of ______________________________________________________________ having been arrested or detained without warrant by the officer incharge of________________________ Police Station for having been brought before this Hon’ble Court charged with the offence of ________________________ and required to give surety for my attendance before such Officer or Court on condition that I shall attend such officer or Court on every day on which any investigation or trial is held with regard to such charge and in case of my making default there in I hereby bind my self to forfeit to Government the sum of Rs _______________ . I ___________________________ son of Shri _____________________________Resident of _________________________________________________________hereby declare myself for the above said Shri ________________________________that he shall attend the officer-in-charge of __________________________________Police Station or the Court of Shri ________________________________________every day on which any investigation in the charge is made or any trial on such charge is held that he shall be and reappear before such officer or Court for the purpose of such investigation to answer the charge against him (as the case may be) and in the case of his making default herein I have bind myself to forfeit to Government the sum of Rs. __________ Dated this _______________ day of _____________ 200___. Witnesses: 1. __________________ 2. __________________ Signature However, the format for a bail application depends upon the nature of offence and circumstances under which an accused person seeks the grant of bail. Under Section 436 any person, other than a person accused of a non-bailable offence, is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before the court and is prepared to give bail, such person shall be released on bail as a matter of right. Under this section the court cannot exercise any discretion in granting bail. Under Section 437 a court (other than a High Court or a Court of Sessions) or a police officer possesses the power to release an accused on bail in a non-bailable case, unless there appear reasonable grounds that the accused has been guilty of an offence punishable with death or with imprisonment for life. Under Section 438 any person who apprehends or has reason to believe that he/she is likely to be arrested on false or trumped up charges, due to enmity with someone, or in connection with a false case lodged or likely to be lodged against him, may approach a Court of Sessions or High Court for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on Anticipatory bail. Under Section 439 a High Court or a Court of Sessions possesses special powers to direct the release on bail of an accused person. These special powers are entirely discretionary and also apply to the discretionary power of a High Court or Court of Sessions to cancel the bail of an accused person.