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Bail is the release of a person from custody on an undertaking to appear before the court. In Indian criminal procedure it arises at several distinct stages, and the considerations before the court differ at each.
Anticipatory bail is sought before arrest, by a person who has reason to believe that they may be arrested for a non-bailable offence. The application is made to the Sessions Court or the High Court, and the court considers the nature of the accusation, the antecedents of the applicant and whether the application appears to be an attempt to avoid a genuine investigation.
Regular bail is sought after arrest, while the investigation or trial is pending. Here the court is generally concerned with whether the accused is likely to abscond, whether they may tamper with evidence or influence witnesses, and the gravity of the offence alleged.
Default bail arises where the investigating agency fails to complete its investigation and file a report within the period prescribed by law. In that situation the entitlement does not depend on the merits of the accusation, but the right must be claimed while the default subsists.
A grant of bail is almost always subject to conditions — furnishing sureties, surrendering a passport, attending the police station on stated days, or refraining from contact with witnesses. Breach of a condition can lead to bail being cancelled.
Nothing in this note indicates how any particular application will be decided. Every application turns on the material placed before the court.