What is Bail and Bonds ?

When someone gets arrested, their first thought is usually about how to get out of jail quickly. To do this, they have to go through a process called bail. Bail is money that you pay to the court to be released from jail, with the promise that you will show up for your court dates..

Types of Bail Application

  • When you’re arrested, you’re taken into custody and “booked,” which means the police will:
  • Take down your personal information (name, birthdate, etc.).
  • Record the crime you’re accused of.
  • Take your fingerprints and photos.
  • Check your background for any previous criminal activity.
  • Search you and take away your personal items (which you’ll get back later).
  • Put you in a jail cell.
    Sometimes, for minor offenses, you might be released after signing a promise to appear in court later. If not, you’ll have to go through the bail process.
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  • After booking, you’ll go to an arraignment, where the charges against you are read out, and you can arrange for your release. In some cases, you may be released on your own recognizance (OR), which means you don’t have to pay bail but promise in writing to show up in court. A judge decides if you’re eligible for OR based on:
  • The seriousness of your crime.
  • Your criminal history.
  • Whether you’re considered a danger to the community.
  • Your ties to the community (to see if you might flee).
    If you don’t show up for court after being released on OR, a warrant can be issued for your arrest.

After bail is set, you or someone on your behalf must pay it to the court. This can be done with cash, a money order, or a cashier’s check. If you can’t afford to pay the full amount, you can use a bail bond agent. A bond agent pays the bail for you, but charges a non-refundable fee, usually 10-20% of the bail amount. If you don’t show up to court, the agent must pay the full bail amount to the court, so they have a financial incentive to ensure you attend all court proceedings.

Regular bail is granted by the court after an arrest to ensure that the accused person will appear in court as required. If you are arrested, you have the right to apply for bail under Sections 437 and 439 of the Criminal Procedure Code (CrPC). These sections specify that a person accused of a non-bailable offense can be released on bail unless there is strong evidence that they committed a crime punishable by death or life imprisonment.

Section 439 of the CrPC gives the High Court and Sessions Court special powers to grant bail. If someone is accused of a serious crime, these courts can impose conditions on bail, such as requiring the person to surrender their passport or regularly report to the police. The court also needs to inform the Public Prosecutor before granting bail in serious cases, unless there are urgent reasons not to do so.

Frequently Asked Questions

What is the booking process?

Booking involves recording your details, documenting the crime, taking fingerprints and photos, and placing you in a cell.

At arraignment, charges are read, and you can arrange for your release.

OR release means you promise in writing to appear in court without paying bail.

Bail is money paid for your release from custody, ensuring you attend court proceedings.

A bail hearing considers factors like your health, financial resources, family ties, and criminal history.

You can use a bail bond agent who pays the bail for a nonrefundable fee.

They are professionals who post bail on your behalf for a fee.

You forfeit the bail money and risk arrest.

Section 437 covers bail for non-bailable offenses; section 439 gives higher courts special powers to grant bail.

Yes, for severe crimes or if you have a history of serious offenses.