Bail

What it involves

A person in custody may seek bail from the Magistrate under Section 480 BNSS, and from the Court of Session or the High Court under Section 483. The two courts have concurrent jurisdiction, but in practice the Sessions Court is approached first, and the High Court entertains a bail application directly only in exceptional circumstances. A five-judge bench of the Allahabad High Court took the same approach to anticipatory bail in Ankit Bharti v. State of U.P. Successive applications may follow on a change in circumstances or on new material.

The court weighs the nature of the accusation, the evidence collected, the period already spent in custody, the likelihood of the accused fleeing or interfering with witnesses, and the progress of the trial. The question is whether continued detention is necessary, not whether the accused is guilty.

Matters

First, second and successive bail applications
Interim bail, including bail on medical grounds
Default bail where the charge-sheet is not filed within sixty or ninety days
Release of first-time undertrials under Section 479
Applications for cancellation of bail, and their defence

How a matter proceeds

RecordCertified copies of the FIR, the remand and custody orders, and the order of the Sessions Court.

ApplicationThe application, with an affidavit and the criminal history of the accused, is filed and listed before the bail roster, ordinarily after the Sessions Court has decided the matter.

HearingNotice goes to the State; the case diary and the status of investigation or trial are placed before the court.

OrderIf bail is granted, sureties and bonds are furnished before the court below.

General information on the law as it stands on 15 November 2026. It is not legal advice and does not create an advocate–client relationship.

What it involves

Matters

How a matter proceeds

Other areas of practice