The Code of Criminal Procedure, 1973 (CrPC) provides the framework for bail applications and defense.
Key provisions include:

  • Regular Bail (Sections 437 and 439 CrPC): sought after arrest in bailable and non-bailable offences.
  • Anticipatory Bail (Section 438 CrPC): preventive relief to avoid arrest in anticipation of accusation of a non-bailable offence.
  • Interim Bail: temporary protection until regular bail hearing.

Bail jurisprudence in India balances individual liberty against the interest of justice. Courts consider factors such as gravity of offence, risk of absconding, and potential influence on witnesses.

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