Bail Rights in India

this short story is about Bail Rights in India under criminal procedure code.

In Bailable offences bail is a right and not a favour, Bail can be claimed as of right and there is a statutory duty imposed upon the Police Officer as well as the Court to release a person on bail if he is prepared to give bail. Accordingo section 436 of CrPC, If the offence alleged is bailable, then, the Accused is entitled for Bail as a matter of right, may be before Police station itself, or if forwarded to Magistrates Court, before Magistrates court. In such offences there is no question of any discretion in granting bail. In such cases, accused person can also be released
on his own bond in a fit case. It is only where the accused is unable to furnish
bail then he should be kept in detention.

However, where the offences alleged are both Bailable and Non-Bailable,
the offence would be tried as Non Bailable offence, and benefit of securing Bail on the premise of Bailable offence would not be available to the accused.

Bail u/s 436-A : There had been instances where under trial prisoners were detained in jail for periods beyond the maximum period of imprisonment provided for the alleged offence. A new section 436A5 is inserted in the Code to provide that where an under trial prisoner other than the offence for which death has been prescribed as one of the punishments, has been under detention fora period extending to one half of the maximum period of imprisonment provided for the alleged offence, he should be released on his personal bond, with or without sureties. It is also provided that in no case the under trial be detained beyond the maximum period of imprisonment for which he can be convicted for the alleged offence.