Overview: When a person accused of a certain offence is arrested but is awaiting trial to arrive at the final outcome of the case against him, he/she has the legal right to be allowed to be released temporarily on certain terms. This right accrues to them under bail.
Purpose: To allow the person to be released temporarily until the final charges against him are proved by a court of law.
Areas of Application of Law: A person may apply for bail in the magistrates court under Section 437 or the Code of Criminal Procedure, 1973 and at the sessions court or any high court under Section 439 of the Code of Criminal Procedure Code, 1973.
Process: Below is the step by step recourse for a person seeking to apply for bail:
Documents required to be submitted in the court: Copy of first information report (FIR), warrants of arrest (if issued), documents on which the person will rely to secure bail (ex: medical reports, medical bills, family obligations, ailing mother, documents contradicting prima facie allegations made in the FIR such as plane tickets, passport copy etc)
Punishment/Expected Relief: Release of the accused person.