Bailable Offence

bailable-offenceA bailable offence is one, in which, bail is a matter of right.

  1. In case of bailable offence, the grant of bail is a mater of right. It may be either given by a police officer who is having the custody of Accused or by the court.
  2. The accused may be released on bail, on executing a bond, know as “bail bond”, with or without furnishing sureties.
  3. The “bail Bond” may contain certain terms and conditions, such as:
    1. The accused will not leave the territorial jurisdiction of the state without permission of court or police officer.
    2. The Accused shall give his presence before police officer every time, he is required to do so.
    3. The Accused will not tamper with any evidence whatsoever, considered by police in the investigation.
  4. The court is empowered to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond.
Although even in case of bailable offence, the bail may be refused, if credit of the accused is doubtful. However following are some offences which are classified as “Bailable offence” by the code itself:
  1. Being a member of an unlawful Assembly
  2. Rioting, armed with deadly weapon
  3. Wearing Garb or carrying token used by public servant with fraudulent intents.
  4. Public servant disobeying a direction of the law with intent to cause injury to any person.
  5. False statement in connection with elections.
  6. Refusing oath when duly required to take oath by a public servant.
  7. Bribery in relation to elections.
  8. Obstructing public Servant in discharge of his public functions.
  9. Selling any food or drink as food and drink, knowing the same to be noxious.
  10. Giving or fabricating false evidence in a judicial proceeding.
  11. Causing a disturbance to an assembly engaged in religious worship.