To understand the bailable offence, one needs to understand what is bail?

Bail in Bailable Offence:

Bail is the surety of the accused of its presence whenever he is required to be present before the court. Bail is not termed specifically in Crpc but it is essentially to be called as the agreement under which the accused has to give a written undertaking to appear before the court whenever required and he has to comply with the conditions which are given in the agreement. If a person fails to meet the conditions the agreement assures to forfeit some amount of money specified.

Right to be released on bail has been defined under section 50 of Crpc  says any offence that is considered to be a bailable one includes the duty of the police to inform the accused that he can be released on bail. In the case of Rashik lal v kishore, it was held by the supreme court that under bailable offences it is the right of a person to claim bail which is considered as absolute and the police is bound to release the accused.

1. Bailable offences:

Section 2(a) of Crpc defines bailable offence. The Bailable offences are those offences which are not considered heinous in nature and in those cases the bail is considered to be a right for a person. The arrested person can be released after depositing the bail to police. The police has the power to release the person on bail on executing a bail bond.

Bail bond Includes certain terms and conditions which may include restriction to leave territorial jurisdiction. The accused shall be appearing before the police whenever required. In the bailable offence the court has the discretion to decline the bail even if the offence is bailable if the person has failed to comply with the conditions of the bailable bond.

Examples of bailable offences

These less heinous crimes includes as follows:

• • • Giving any type of false evidence in the judicial proceedings.
    • Disobeying the public servant with the intention of causing injury.
    • Selling noxious food and drinks.
    • Bribery involved in the election process.
    • Causing disturbance to religious worship assemblies.
    • Rioting and armed with deadly weapons.
    • Membership of any unlawful assembly etc.

2. Non bailable offence in India:

A non bailable offence in india is given under section 2 (a) of Crpc and it includes all those offence which are not included under bailable offences given in the first  schedule.                            

Non bailable meaning

Non bailable means any serious crime which doesn’t allow the privilege of bail until and unless the court has not granted it. It is a provision that any person who has been arrested for a serious crime, he cannot ask for bail for release.  The court can refuse the bail grant if the bail bond has not been complied with. The application of bail is filed before the magistrate and the accused is presented on the day it is heard. It is on the discretion of the magistrate to allow it if it deems fit.

Right to be released on bail it is up to the discretion of the court whether a bail should be granted or not and it is subjected to the conditions given in section 437 of CrPC . Any accused on punishable offence up to death or imprisonment will only be released when the person is:

• • • Accused is Sick
    • It is a woman
    • Below the age of sixteen years
    • infirm

 Such a person shall not be released when there is no involvement of a reasonable ground.

Non bailable warrants

Under section 70 to 81 in the code of criminal procedure,1973 the issuance of warrants have been mentioned. In the non bailable warrants the issuance involves the interference with personal liberty. The court has to carefully analyse about its issuance of this warrant and it can only be issued  when there is importance to curtail one’s freedom due to larger interest of public and the state. In the famous case of IndermohanGoswami and Another v State of Uttaranchal and Others, the guidelines regarding the issuance of non bailable warrant were issued.

The non bailable warrant is further issued when it is observed by the court that the person who  has committed heinous offences and it can be anticipated that the person is likely to destroy all the evidence.

The warrant further is issued by analysing the scrutiny of the facts of the case. In the case of State of UP v Poosu and Another, it was held that the court would consider all the factors related to seriousness of crime, the character of evidence and also factors in relation to the larger interest of public and the state.