Different Grounds for Bail in India – Legal Explanation with Real Context

The concept of bail plays a vital role in protecting the liberty of each and every individual under the criminal justice system not only in India but in the world also. In India, bail is not granted automatically. Bail has to be applied in court and courts carefully examine each case to decide whether the accused can be released or not during the investigation or trial.

Bail can be granted in different forms depending on the stage and fact of the case, nature of the offence,(cognizable or non cognizable) health condition of the accused, and determining several other legal factors also. This article outlines the types of bail, reasons for grant and denial, and a list of offences where courts are usually strict.

Types of Bail in India

Anticipatory Bail

Anticipatory bail is sought before an arrest from session or High court. When someone fears arrest in a non-bailable offence, they can apply for anticipatory bail under (CrPC). Section 438/482 of theBNNS.

This bail acts as a shield. If the court grants it, the police cannot arrest the person directly and must follow the conditions set by the court.

Regular Bail

Regular bail is applied for after a person is arrested. It is available under Section 437CrPc/480 BNSS or Section 439 of CrPC/483 of BNSS, depending on which court is approached.

The accused must show that they are not a flight risk, will cooperate with the investigation, and do not intend to threaten witnesses or tamper with evidence.

Interim Bail

Interim bail is temporary and granted when a regular or anticipatory bail application is pending. It provides protection until the main bail plea is heard.

Legal Grounds for Granting Bail

Medical Grounds

If the accused is seriously ill and If jail facilities cannot offer the necessary treatment, courts may release the person on medical grounds. This is especially considered in cases of old age, cancer, kidney failure, or heart issues.

The court usually verifies medical reports from government hospitals before granting such relief.

Lack of Evidence

If the police or prosecution fail to produce enough material linking the accused to the crime, courts may consider granting bail. Courts look for a prima facie case, not detailed proof at this stage.

Parity with Co-Accused

If one of the co-accused has already been granted bail and the role of the present applicant is similar or lesser, the court may grant bail on the ground of parity. This ensures fairness and consistency in the matter of right to bail. 

Delay in Trial

When the trial is taking too long and the accused has already spent a long time in jail without conviction, the court may decide to release them on bail. This is based on the principle that justice delayed should not become punishment before trial ends.

Age and Vulnerability

Juveniles and elderly persons often receive special consideration from courts. If the accused is under 18 or above 65–70 years of age, courts may consider bail unless the crime is extremely serious.

Grounds for Bail Rejection

Despite the grounds for bail, there are situations where courts may refuse to grant bail. These include:

Seriousness of the Offence

In crimes like murder, rape, terrorism, and economic fraud, NDPS, POCSO courts usually avoid granting bail easily to the accused/co-accused. The concern is public safety and the possibility that the accused may repeat the offence and may endanger public safety or be a threat to society and it will also set a wrong example in society.

Flight Risk

If the court believes the accused might run away and will not attend court proceedings, the court will definitely reject the bail application. This can happen if the accused has no permanent address or has previously skipped court appearances.

Criminal Background

If the accused has past convictions, or multiple cases pending, it shows a pattern of criminal behavior. Courts take this into account while rejecting bail. 

Threat to Witnesses

Courts often refuse bail if there is a strong chance the accused might influence or threaten witnesses, especially in sensitive cases like dowry deaths or Rape, Murders etc..

Lack of Cooperation

If the accused is not cooperating/participating with the investigation, and if he is refusing to answer police, or destroying evidence then bail will be denied to maintain the integrity of the case.

Repeat Offence While on Bail

If someone is already out on bail in a different case and commits another similar offence, the court sees this as misuse of bail, leading to rejection.

Offences Where Bail Is Strictly Controlled

Some crimes fall into the category of non-bailable offences. Even though bail can still be granted, courts are more cautious and apply a higher threshold.

Crimes Punishable with Life Imprisonment or Death

Henious offences like Murder Section 302 IPC/103 BNS (Murder),Rape Section 376 IPC/64 BNS (Rape), or Section 121 IPC/ 147 BNS (Waging war against the state/ Government of India) usually result in stricter scrutiny of bail applications. Cases dealt under such offences are more serious offences and a threat to public safety and the court will not compromise with it.

NDPS Act Cases

Under the Narcotic Drugs and Psychotropic Substances Act it is very difficult to get bail. Courts will only allow bail if court thinks fit that the accused is not guilty of the offence he was charged with, nor he fled from the country and will not commit the offence again in future.  

UAPA and Sedition Cases

Special Laws like the Unlawful Activities Prevention Act (UAPA) or TADA, NDPS, POCSO and sedition-related offences are often used in cases involving national security or terrorism. Courts NOT  grant bail in such matters generally until and unless. 

Offences Against Women

Cases involving rape, dowry harassment, molestation, or cruelty under Section 498A IPC are handled with extra caution. Bail is rarely granted unless strong facts support innocence or false implication.

Large-Scale Economic Crimes

Fraud, money laundering, and scams involving public money attract stricter bail conditions, especially when large sums are involved or public institutions are affected.

Conclusion

The decision to grant or reject bail is not automatic; it’s a manual process. Indian courts consider a combination of legal principles, case facts, and public interest. A well structured bail application with valid reasons and supporting documents significantly increases the chances of success.

If you or someone you know is dealing with a criminal case, getting proper legal support from an experienced criminal lawyer is crucial. Courts appreciate honest presentation, medical evidence (if applicable), and assurance of cooperation.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. What if I am sick and in custody?

You can seek medical bail with proper reports.

2. Is bail possible in NDPS or UAPA cases?

Only in rare circumstances. Courts apply strict standards.

3. Will my bail be cancelled if I break rules?

Yes. Violating bail conditions can lead to cancellation.

4. Can a co-accused help me get bail?

Yes. Courts consider parity if your role is similar.