Criminal Bail Practice: Regular, Anticipatory and High Court Bail

Bail is a fundamental right under Indian criminal law. Three principal forms exist — regular bail (post-arrest), anticipatory bail under Section 482 BNSS (pre-arrest), and interim bail pending the main application.

For non-bailable offences, courts weigh the gravity of allegations, nature of evidence, antecedents of the accused, risk of flight and likelihood of tampering with evidence or witnesses.

Where the Sessions Court declines bail, a fresh application or petition under Section 483 BNSS lies before the High Court. Strong drafting, supporting material and prompt filing materially improve outcomes.

Manuja Advocates regularly appears in bail matters before District Courts in Delhi and the Punjab & Haryana High Court and Delhi High Court.