Bail means the release of a person from custody or prison upon security given for his appearance in Court on an appointed date or upon an undertaking given by sureties to produce him in Court on such a date.
a personal bond with security; a personal bond without security; a bond with surety, but without security; a bond with surety or sureties and with security
A person accused of a bailable offence e.g. cheating forgery or defamation is entitled by law to appear or be brought to court and released on bail when he is arrested or detained without a warrant by a police officer.
In non-bailable cases, for example, when a person is accused of infanticide, theft or rape, bail is not completely prohibited but rather, is available at the discretion of the Court or police officer in charge of a police district. There is, however, an important limitation on this discretionary power. Bail must be refused if there are reasonable grounds for believing that the accused has been guilty of an offence punishable by death or life imprisonment, but exception may be made for any person under 16 years of age or any woman or any sick or infirmed person accused of such an offence.
Conditions may be imposed by the Court in granting bail (only in respect of a non-bailable offence) such as requiring the accused to surrender his passport. Failure to comply with any required condition may result in the accused being kept in remand until trial.
The discretion of the court on whether to grant/refuse bail hinges primarily on the question of the likelihood of the accused absconding or the likelihood of repetition of the offence with which he is charged while on bail. Factors concerning the accused normally taken into account by the Court include: (a) The nature of the offence charged (b) The apparent probability of conviction (c) The likely sentence (d) His family ties and relationship within the community in which he lives. (e) His reputation, employment status and monetary conditions (f) His prior criminal record The amount of bond imposed should be sufficient to secure the attendance of the person arrested and must not be excessive.
An application for bail will be granted if supported by clear evidence that the accused is interfering with the course of justice by tempering witnesses - vague allegations to that effect are insufficient.