Bail
Context: Delhi High Court modified bail conditions for Christian Michel in the AgustaWestland case, allowing a ₹10 lakh cash surety instead of a personal surety due to a lack of local contacts and an expired passport.
Important Pointers:
Bail Origin: ‘Bail’ comes from the old French verb ‘bailer’ meaning ‘to give’ or ‘to deliver’
Definition of Bail: Bail is the provisional release of an accused before the court announces judgment, secured by a deposited security.
CrPC and Bail: The Code of Criminal Procedure (CrPC) does not define ‘bail’ but governs its grant and conditions.
Types of Bail in India
Regular Bail – Granted post-arrest under Sections 437 & 439 CrPC.
Interim Bail – Short-term bail before regular/anticipatory bail hearing.
Anticipatory Bail – Under Section 438 CrPC, granted if the arrest is anticipated for a non-bailable offence.
Conditions for Bail in Bailable Offences: Accused likely innocent, further inquiry required, and offence punishable less than 10 years or not serious.
Conditions for Bail in Non-Bailable Offences: Granted if the accused is a woman/child, lack of evidence, delay in FIR, or the accused is gravely ill.
Cancellation of Bail: Courts can cancel bail anytime and order re-arrest and police custody.
Bail as Exception, Not Rule: In laws like the NDPS Act, UAPA, and PMLA, bail is generally denied and is an exception.
Union of India v. K. A. Najeeb (2021): SC granted bail under UAPA due to a prolonged trial and limited early trial completion prospects.
Delhi HC Modified Bail Conditions (Christian Michel, AgustaWestland Case): Delhi High Court allowed ₹10 lakh cash surety instead of personal surety due to the accused’s lack of local contacts and expired passport.