Bails are of different types
What is Bail ?
Release of a person from prison awaiting trial or an appeal is called Bail. As per the directions of the Hon’ble Court, a fixed amount deposit must be submitted to the court, within specified time to legal authority. The monetary value of the security, known also as the bail, or, more accurately, the bail bond, is set by the court having jurisdiction over the prisoner.
The security may be either in cash or property. If the person released on bail fails to appear before the Hon’ble Court on every date of adjournment, court will cancel the bail order granted earlier and issue Non Bailable Warrant (NBW) and Fixed Deposit amount will be forfeited by the Court.
What is Anticipatory Bail ?
Anticipatory bail is a direction to police not to arrest, issued even before the person is arrested. Under Section 438 of Cr.P.C, an Petition has to be submitted to the Hon’ble Court for anticipatory bail. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.
On filing of anticipatory bail, the opposing party is notified about the bail application and the Public Prosecutor, will represent on behalf of the police and oppose the Anticipatory Bail and after hearing the arguments from both the sides, the Hon’ble Court will pass orders accordingly. Anticipatory bail is a direction to the police officer not to arrest.