Pre Arrest Bail

CHAPTER XXXIX - OF BAIL
496. In what cases bail to be taken. When any person other than a person accused of a non-bailable
offence is arrested or detained without warrant by an officer incharge of a police-station or appears or is
brought before a Court, and is prepared at any lime while in the custody of such officer or at any stage of
the proceedings before such Court to give bail, such person shall be released on bail: Provided that such
officer of Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his
executing a bond without sureties for his appearance as hereinafter provided:

Provided further that nothing in this section shall be deemed to affect the provisions of section 107, sub-
section (4), or section 117, sub-section (3).

497. When bail may be taken in cases of non-bailable offence. (1) When any person accused of non-
bailable offence is arrested or detained without warrant by an officer-in-charge of a police station, or

appears or is brought before a Court, he may be released on bail, but he shall not be so released if there
appears reasonable grounds for believing that he has been guilty of an offence punishable with death or
[imprisonment for life or imprisonment for ten years].

Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick
or infirm person accused of such an offence be released on bail:
Provided further that a person accused of an offence as aforesaid shall not be released on bail unless the
prosecution has been given notice to show cause why he should not be so released.
[Provided further that the Court shall, except where it is of opinion that the delay in the trial of the accused
has been occasioned by an act or omission of the accused or any other person acting on his behalf or in
exercise of any right or privilege under any law for the time being in force, direct that any person shall be
released on bail--
(a) who, being accused of any offence not punishable with death, has been detained for such offence for a
continuous period exceeding one year and whose trial for such offence has not concluded; or
(b) who, being accused of an offence punishable with death, has been detained for such offence for a
continuous period exceeding two years and whose trial for such offence has not concluded.
Provided further that the provisions of the third proviso to this subsection shall not apply to a previously
convicted offender for an offence punishable with death or imprisonment for life or to a person who, in the
opinion of the Court, is a hardened, desperate or dangerous criminal or involved in terrorism.]
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may
be, that there are no reasonable grounds for believing that the accused has committed a non-bailable
offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, pending
such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a
bond without sureties for his appearance as hereinafter provided.
(3) Ah officer or a Court releasing any person on bail under sub-section (1) or sub-section (2) shall record
in writing his or its reasons for so doing.
(4) If, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before
judgment is delivered, the Court Is of opinion that there are reasonable grounds for believing that the
accused is not guilty of any such offence, it shall release the accused, if he is in custody on the execution
by him of a bond without sureties for his appearance to hear judgment delivered.
(5) A High Court or Court of Session and, in the case of a person released by itself, any other Court may
cause any person who has been released under this section to be arrested and may commit him to custody.
498. Power to direct admission to bail or reduction of bail. The amount of every bond executed under
this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive; and
the High Court or Court of Session may, in any case, whether there be an appeal on conviction or not direct
that any person be admitted to bail, or that the bail required by a police-officer or Magistrate be reduced.
[498-A. No bail to be granted to a person not in custody, in Court or against whom no case is
registered etc. Nothing in section 497 or section 498 shall be deemed to require or authorise a Court to
release on bail, or to direct to be admitted to bail any person who is not in custody or is not present in
Court or against whom no case stands registered for the time being and an order for the release of a person
on bail, or direction that a person be admitted to bail shall be effective only in respect of the case that so
stands registered against him and is specified in the order or direction.]
499. Bond of accused and sureties. (1) Before any person is released on bail or released on his own bond,
a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be
executed by such person and, when he is released on bail, by one or more sufficient sureties conditioned
that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend
until otherwise directed by the police officer or Court, as the case may be.

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