Dr.

Ram Manohar Lohia National Law

University

Rough Draft
SUBJECT:- DRAFTING PLEADING AND
CONVEYANCING

PROJECT ON: -BAIL APPLICATIONS

SUBMITTED TO: SUBMITTED BY:

Ms. Shakuntala Sangam Suryansh Singh

Asst.Professor (Law) B.A. L.L.B.(Hons.)

Dr. Ram Manohar Lohiya National 6th Semester

Law University, Lucknow Enrollment No. 160101154

Section-B
 ACKNOWLEDGEMENT

“The only thing that overcomes hard luck is hard work.”

“Writing a project on any topic is never a single man’s job. I am overwhelmed

in all humbleness and gratefulness to acknowledge my depth to all those who
have helped me to put these ideas, well above the level of simplicity and into
something concrete.”

I am very thankful to my Ms. Shakuntala Sangam for his valuable help. She was
always there to show me the right track when I needed his help. With the help
of her valuable suggestions, guidance and encouragement, I was able to
complete this project. I would also like to thank my friends, who often helped
and gave me support at critical junctures during the making to this project.

“I hope you will appreciate the hard work that I have put in this project work.”

Suryansh Singh

Contents
ACKNOWLEDGEMENT....................................................................................2

INTRODUCTION................................................................................................4

VARIOUS PROVISIONS OF BAIL....................................................................6

VARIOUS ASPECTS RELATED TO BAIL.....................................................13

ANTICIPATORY BAIL....................................................................................17

CRITICAL ANALYSIS OF BAIL AND ITS PROCEDURE...........................20

BIBLIOGRAPHY...............................................................................................21

INTRODUCTION
 BAIL AS A CONCEPT AND ITS PURPOSE

“The word “Bail” means the security of a prisoner’s appearance for trial. The effect of
granting bail is, accordingly not to get the prisoner free from jail or custody, but to release
him from the custody of Law and to entrust him to the custody of his sureties who are bond to
produce him at his trial at a specified time and place. Grant of bail is a rule and refusal is an
exception.”

The Code of Criminal Procedure has classified offences in two categories:-

(i) Bailable offences

(ii) Non-bailable offences

“A person accused of a bailable offence has the right to be released on bail. Bail in case of
bailable offences is compulsory. In the matter of admission to bail the Code of Criminal
Procedure makes a distinction between bailable& non-bailable offences. The grant of bail to a
person accused of non-bailable offence is discretionary.” But a person accused of bailable
offence at any time while under detention without a warrant at any stage of the proceedings
has the right to be released on bail in view of section 436 Cr. P.C. 1973 1. “When the offence
is bailable and accused is prepared to furnish bail, police officer has no discretion to refuse
bail.2 Even when a person suspected of committing a bailable offence is produced before a
magistrate and he is prepared to give bail, Magistrate has no option but to release him on
appropriate bail.” “Magistrate cannot refuse to accept surrender and to bail out an accused
against whom a petition or complaint of bailable offence has been filed. The offence when is
bailable, bail has to be granted. If the offence is non-bailable further considerations arise.
While adjudicating a bail application, detailed examination of evidence and elaborate
documentation of the merits of the case is however to be avoided.3”

“The classification has been made for the obvious reason that seriousness and gravity of the
charge and the severity of the punishment awardable are very probable factors which are
likely to tempt an accused person either to tamper with the prosecution evidence or to

1
RatilalBhanjiMithani v. Asstt. Collector of Customs, AIR 1967 SC 1939
2
DharmuNaik v. Rabindranath Acharya 1978 CrLJ 864 : Kanu Bhai v. State of Gujarat
1972 (B) Guj LR 748.
3
Niranjan Singh v. Prabhakar (1980)2 SCC 559 : 1980 SCC (Cri) 508 : AIR 1980 SC
785.
abscond in order to escape the punishment”. “If a person is arrested for an offence which is
non bailable, in that case court on its discretion can grant bail. The definition of a non-
bailable offence appears in Section 2 (a) of our Code of Criminal Procedure 1974.” “Section
2(a) provides that “Bailable offence” means an offence which is shown as bailable in the first
schedule or which is made by any other law for the time being in force and “non-bailable
offence” means any other offence. By and large, offences punishable with imprisonment for
not less than three years are taken as serious offences and are made non-bailable.”

 OBJECTIVES:

The main objective behind such a provision is to prevent those falsely implicated in
criminal cases to be subject to jail-time. The main factors considered while granting
prayers for anticipatory bail are that:

The full and free investigation of the offence should not be hampered.

The accused must not be subject to harassment and unjustified detention.

BIBLIOGRAPHY
BOOKS:

 “CODE OF CRIMINAL PROCEDURE – RATANLAL AND DHIRAJLAL”

 “LECTURES ON CRIMINAL PROCEDURE – RV KELKAR”
 “CRIMINAL MANUAL”

WEBSITES:

 “https://www.lawctopus.com/academike/anticipatory-bail-india-critical-analysis ”
 “http://www.markedbyteachers.com/university-degree/law/anticipatory-bail-under-
crpc-a-critical-study-of-the-recent-amendments-and-judicial-interpretation-of-section-
438.html”
 “section496.blogspot.com/2014/05/a-general-study-on-bail-under-crpc-and.html”
 “www.legalserviceindia.com/articles/bail_poor.html”