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Bail Concept and Types of Bail in India

Bail Concept and Types of Bail in India

  • 15 Dec 2021

Concept and Types of Bail in India


In general, the tentative release of an accused person awaiting trial, sometimes on condition that a sum of money given as a guarantee for their appearance in court.

The term ‘bail’ is defined under the Code of Criminal Procedure, 1973, under sections 436 – 450 including the schedules which defines bail and non bailable offences.

Section 436 of the Code of Criminal Procedure deals with the provisions of bail for bailable offences. Bail is the right of a person unless proved guilty, underlined by the Supreme Court of India as under Article 21- Right to life and liberty of the Constitution of India.

Section 437 of the Code of Criminal Procedure deals with the provisions of bail for non-bailable offences, which is purely based on the discretion power of the court (other than the High Court and Sessions Court) as the Court may deem fit.


There are 5 types of Bail: -

Ø  Anticipatory Bail

It is filed before the arrest is made and it is also called pre-arrest bail if a person thinks that he may get arrested on an accusation of committing a non-bailable offence then he may approach the High Court of his concerned state for anticipatory bail application under Section 438 of the Code of Criminal Procedure.

Ø  Bail on Arrest

This is filed after the arrest of the person under Section 437 of the Code of Criminal Procedure, he may approach the court for bail.

Ø  Bail for Convict

This is filed post-conviction by an appeal against the same by the court. When the accused has convicted by the court he may apply to the appellant court for bail.


Ø  Default Bail

When the charge sheet is not filed in the court within the time period or the investigation remained incomplete within the prescribed time, the accused may apply for the default bail.

Ø  Interim Bail

The concept of the Interim Bail was started by the Hon’ble Supreme Court in 2009, interim bail is granted to the pending disposal of the bail application or as the detention of a person may cause irreparable loss.

Lal Kamlendra Pratap Singh Vs State of U.P and Ors. SC2009



1.    Sushila Aggarwal Vs State (nct of Delhi), 2020

2.    Arnab Manoranjan Goswami Vs the State of Maharashtra and Ors., 2020

3.    Bikramjit Singh Vs The State of Punjab, 2020

4.    Jatinderveer Arora and Ors. Vs State of Punjab, 2020

5.    National Alliance For People’s Movement Ors. Vs The State of Maharashtra and Ors.

6.    P. Chidambaram Vs Directorate of Enforcement, 2019

7.    Prathvi Raj Chauhan Vs Union of India (uio) and Ors. 2020

8.    Saravanan Vs State Represented By The Inspector of Police, 2020

9.    Sumetivij Vs Paramount Tech Fab Industries, 2021

10.  The State of Kerela Vs Mahesh, 2021

11.  Aparna Bhat and Ors. Vs State of Madhya Pradesh, 2021

12. Girraj Vs Kiranpal and Ors. 2021

13. Kanakarnjan Vs Sate of Kerela, 2017

14. Naveen Singh Vs The State of Uttar Pradesh, 2021

15. Union of India Vs Prateek Shukla, 2021

16. Union of India (uoi) Vs K.A.Najeeb

17.  Naresh kumar Mangla Vs Anita Agarwal and Ors.

18.  Venkatesan Balasubramaniyan and Ors. Vs The Intelligence Officer,D.r.i.Banglore,2020

19.  R.Damodhar Vs The State Represented By the Inspector of Police,2021

20. Mauji Ram Vs State of Uttar Prasdesh and aor. 2019

 Book On:
“Bail Matters”- Supreme Court’s Latest Leading Case Laws

Author: JayprakashB. Somani,
Advocate of Supreme Court

Assisted By: Simran Mehta

One can buy the book by going to this link below:

Books are available online in India