Bail is the conditional release of an accused person from custody. A Bail Bond is a financial guarantee or pledge made to the court, either by the accused or by a surety, to ensure the accused will appear in court whenever required. The bond is the instrument through which bail is secured.

A surety is a person who takes responsibility for the accused person’s appearance in court. They provide a financial guarantee to the court (the surety bond), and if the accused absconds, the surety is legally liable to pay the bond amount to the court.

The bail bond amount is not meant to be punitive. The Supreme Court has held that it should be a reasonable amount based on factors like the severity of the offense, the financial condition of the accused, and the likelihood of them fleeing justice. It is at the discretion of the presiding judge.

If an accused violates bail conditions (e.g., fails to appear in court, tampers with evidence), the court can cancel their bail, issue a non-bailable warrant for their arrest, and initiate proceedings to forfeit the bail bond amount from the accused and their surety.

Yes, a government servant can stand as a surety, provided they meet the financial requirements and are deemed reliable by the court. They will need to provide their salary certificate and other relevant documents to prove their solvency.

A surety usually needs to provide proof of identity (Aadhaar/Voter ID), proof of address, and documents proving their financial worth, such as property registration papers (Fard), a Fixed Deposit Receipt (FDR), or recent salary slips.

Not necessarily. Courts can accept a bond in the form of a personal recognizance bond (a promise to pay), a cash deposit, or a surety bond backed by an asset like property or an FD. Cash bonds are more common for minor offenses.

Anticipatory bail, granted under Section 438 of the CrPC, is a pre-arrest bail. A person who anticipates being arrested for a non-bailable offense can apply to a Sessions Court or High Court for a direction that they be released on bail in the event of an arrest.

In a bailable offense (e.g., simple assault), bail is a matter of right. The police or court must grant bail. In a non-bailable offense (e.g., murder, robbery), bail is at the discretion of the court, which considers several factors before granting it.

If a surety dies before the bond is forfeited, their estate is discharged from all liability. The court will then require the accused to find a new surety.

Yes. A surety can apply to the court to be discharged from their obligation. The court will then issue a warrant for the arrest of the accused and require them to find a new surety before being released again.

A Personal Recognizance (PR) bond, or personal bond, is a promise by the accused to appear in court without any financial deposit or surety. It is granted when the court is satisfied that the accused has strong ties to the community and is not a flight risk.

A bail bond is typically valid for the entire duration of the trial, until the final judgment is pronounced. It ends upon the acquittal or conviction of the accused.

The court has the duty to satisfy itself about the fitness and reliability of a surety. The judge or magistrate will scrutinize the surety’s documents and may ask questions to ensure they are a genuine person with the financial capacity to fulfill the bond’s conditions.

Yes, immovable property is commonly used as security for a surety bond. The surety must provide original property documents (like the sale deed) and a recent valuation report or tax receipt to the court, which may place a lien on the property for the duration of the trial.