Release on Bail (Non-Bailable Offences):
When any person accused of, or suspected of, committing any non-bailable offence is arrested or detained without a warrant by an officer in charge of a police station or appears or is brought before a Court (other than the High Court or Court of Session), such person may be released on bail. However, the release is subject to the following conditions:
Exceptions:
Opportunity for Public Prosecutor:
No person, for offences punishable with death, imprisonment for life, or imprisonment for seven years or more, shall be released on bail without giving an opportunity to the Public Prosecutor to be heard.
If there are insufficient grounds for non-bailable offence:
If at any stage of the investigation, inquiry, or trial, it appears that there are no reasonable grounds for believing the accused has committed a non-bailable offence but there are sufficient grounds for further inquiry, the accused shall be released on bail, or at the discretion of the officer or Court, on the execution of a bond without sureties for their appearance.
Conditions of Bail:
When a person is accused of an offence punishable with imprisonment extending to seven years or more, or an offence under specific Chapters of the Indian Penal Code, and is released on bail, the Court shall impose the following conditions:
Record of Reasons:
An officer or Court releasing a person on bail under these conditions must record in writing the reasons for doing so.
Arrest after Bail:
The Court may, if it deems necessary, direct that the person be arrested again and committed to custody.
Release after Trial Delays:
If, in a case triable by a Magistrate, the trial is not concluded within 60 days from the first date fixed for taking evidence, and the person has been in custody throughout, they shall be released on bail, unless the Magistrate records reasons for not doing so.
Release Before Judgment:
After the trial concludes and before judgment is delivered, if the Court believes there are reasonable grounds for thinking the accused is not guilty of the offence, the person shall be released on a bond without sureties for their appearance to hear the judgment.