General Rule for Bail Application in a Bailable Offence

 

General Rule for Bail Application in a Bailable Offence

1. Legal Basis

The right to seek bail in a bailable offence arises from Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 436 of the Code of Criminal Procedure, 1973.
This provision states that when a person accused of a bailable offence is arrested or detained, and he is willing to furnish bail, he must be released as a matter of legal right. Neither the police officer nor the court has discretion to refuse such bail.

 

2. Nature of a Bailable Offence

A bailable offence is one in which the law itself allows the accused to claim bail as a matter of right.
The distinction between bailable and non-bailable offences is set out in the First Schedule of the Bharatiya Nyaya Sanhita, 2023 (BNS), and in specific statutes.
Bailable offences are generally those of a less serious nature, such as voluntarily causing hurt, wrongful restraint, or public nuisance, where detention before trial is not considered necessary.

 

3. General Rule Regarding Bail in Bailable Offence

The fundamental rule is that bail is the rule and jail is the exception in bailable cases.
Once the accused expresses readiness to provide bail or a personal bond, his release becomes compulsory.
This right ensures that no individual is unnecessarily deprived of personal liberty when accused of a minor or less serious offence.

Key points of the rule:

1. Bail must be granted as a matter of right, not discretion.
2. The accused must be released immediately after furnishing the bond or surety.
3. If the accused cannot furnish surety, the court may release him on a personal bond.
4. Conditions imposed by the court must be reasonable and not excessive.
5. The object of bail is to secure the accused’s attendance during trial, not to punish.

 

4. Purpose of Filing a Bail Application

Although the law grants an automatic right to bail in bailable offences, a written bail application is usually filed to:

• Formally inform the court of the arrest and legal entitlement to bail;
• Place on record the willingness to furnish surety or personal bond;
• Assure the court of cooperation during investigation and trial; and
• Seek an official order of release to avoid procedural delay or confusion.

 

5. Structure of a Bail Application in a Bailable Offence

A well-drafted bail application generally includes the following parts:

1. Heading:
   Mentions the court name, case title, FIR number, and section of the BNS invoked.
2. Title:
   Usually written as “Application for Grant of Bail in a Bailable Offence under Section 480 of the BNSS, 2023.”
3. Introductory Part:
   Identifies the applicant, mentions arrest details, and states that the alleged offence is bailable.
4. Grounds for Bail:
   Sets out reasons such as false implication, cooperation with investigation, permanent residence, and no risk of absconding.
5. Legal Reference:
   Cites Section 480 of the BNSS to show entitlement to bail as a matter of right.
6. Undertaking:
   States that the applicant will not tamper with evidence, threaten witnesses, or evade trial.
7. Prayer Clause:
   Requests the court to grant bail and pass suitable orders.
8. Signature Block:
   Includes the date, place, signature of the applicant, and counsel.

 

6. Judicial Approach

Courts generally adopt a liberal approach in granting bail for bailable offences, since detention before trial serves no purpose when the offence is minor.
However, the accused must still comply with conditions ensuring his presence at trial and must not misuse the liberty granted.

 

7. Essence of the Rule

In simple terms, the general rule can be stated as follows:

“In every bailable offence, an accused person has the right to be released on bail upon furnishing the required bond or surety. The court or police cannot deny this right, as bail in such cases is a statutory entitlement under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023.”

 

8. Objective of the Provision

The purpose of granting bail in bailable offences is to:

• Protect the personal liberty of the accused guaranteed under Article 21 of the Constitution;
• Prevent unnecessary detention in minor offences; and
• Maintain a balance between the interests of justice and the rights of the individual.