Criminal & Cyber Law
Regular Bail
Release from custody after arrest, on a bond with or without sureties, while the case continues.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
Bail is the release of an arrested person on a bond, sometimes with one or more sureties, so that they attend court when required. In bailable offences bail is a right. In non-bailable offences the Magistrate or the Sessions Court decides under Sections 480 and 483 of the BNSS (earlier Sections 437 and 439 of the CrPC), and the High Court also has power. The court looks at the seriousness of the accusation, the evidence, the person's past record, and the risk of flight or of interference with witnesses. Bail is not a payment to the court: it is a promise, backed by a bond, to appear.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
How is regular bail different from anticipatory bail?
Regular bail is sought after arrest, to be released from custody. Anticipatory bail is sought before arrest, so that release follows if an arrest is made.
How soon must an arrested person be taken to a Magistrate?
Within 24 hours of arrest, excluding travel time, under Article 22(2) of the Constitution and Section 58 of the BNSS. Further custody needs a Magistrate's order.
What if I cannot arrange the bond amount or a surety?
The amount of a bond should not be excessive, and the court can be asked to reduce it or to release the person on a personal bond. A surety is usually a relative or acquaintance whom the court accepts.
If bail is refused, what next?
A refusal by a Magistrate can be followed by an application to the Sessions Court, and then to the High Court. A fresh application can also be made if the circumstances change.
Attorneys Handling This Service
Related Services
Anticipatory Bail
Protection a court may grant before arrest when a person fears arrest in a non-bailable case.
Sureties and Bail Bonds
How bail bonds and sureties work in Indian courts once bail is granted: documents, verification and obligations.
Bail Hearings
Presenting a bail application in court: what the court considers and how the hearing runs.
Criminal Procedure
An overview of the criminal process under the BNSS, from FIR to appeal, and the rights at each stage.