Definition of Bail - Indian Laws - General

Definition of Bail The term bail has not been defined in the Code, though is used very often. A bail is nothing but a surety inclusive of a personal bond from the accused. It means the release of an accused person either by the orders of the Court or by the police or by the Investigating Agency. It is a set of pre-trial restrictions imposed on a suspect while enabling any interference in the judicial process. Thus, it is a conditional release on the solemn undertaking by the suspect that he would cooperate both with the investigation and the trial. The word bail has been defined in the Black s Law Dictionary , 9th Edn., pg. 160 as: - A security such as cash or a bond; esp., security required by a court for the release of a prisoner who must appear in court at a future time. Wharton s Law Lexicon, 14th Edn., pg. 105 defines bail as: - to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and at a place certain, which security is called bail, because the party arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required, in order that he may be safely protected from prison, to which they have, if they fear his escape, etc., the legal power to deliver him. SATENDER KUMAR ANTIL VERSUS CENTRAL BUREAU OF INVESTIGATION ANR.- 2022 (8) TMI 152 - SUPREME COURT