Is It Necessary To Grant Bail In Bailable Offences?

It is said that “You are not criminal until proven guilty” so, you must get the opportunity to have legal rights. The accusation doesn’t prove your guilt and you have all right to put your part of the story towards the officer or court to safeguard your dignity and respect. One among that right is Bail. Bail is the opportunity given to accused, the accused can after getting bail collect all the evidence in his favour and prove that he is not guilty of that offence.

In sec. 436 of the criminal procedure code contains provisions of Bail in Bailable offences. It contains some ingredients or grounds simplified as follows:

  • Bail is the right of a person, if the person has committed a bailable offence.
  • This provision casts a duty on police and court to release the accused on bail if the offence is bailable.
  • Whenever accused applies for a bailable offence is arrested and applies for bail, the court shall grant bail.
  • Bail cannot get rejected on the basis of non-availability of surety.
  • The court shall release the accused on a personal bond if the accused fails to furnish surety within 7 days.
  • If the accused fails to comply with the condition of bail, the court may refuse to release him on bail.

So after reading above stated provisions we can get the clear idea that it is mandatory to grant bail as the word “shall” is used in the third proviso of this section. There are some judgments passed by the Supreme Court about the grant of bail in bailable offences. Some case laws are as follows:

Rasiklal Vs. Kishor 2009 4 SCC 446

It was a Defamation case, in which the bail was rejected by the High Court on the ground that the order granting bail was passed by the learned judicial magistrate first class, Indore without hearing the original complaint and was, therefore bad for the violation of the principle of Natural Justice.

Also Read – When Can A Bail Get Cancelled?

“The court stated that the offence committed is a bailable offence and the person contemplated by section 436 cannot be taken into custody unless they are unable or willing to offer bail or to execute personal bonds. There is no manner of doubt that the bail-in a bailable offence can be claimed by the accused as the right and the officer or the court, as the case may be, is bound to release the accused on bail if he is willing to abide by reasonable conditions which may be imposed on him.”

Motiram VS. State of M.P. (1978 CRLJ 1703)

Any order rejecting surety because he or his estate was situated in a different district held to be discriminatory and violative of Article 14.


After reading section and precedents, it is very clear that  IS IT NECESSARY TO GRANT BAIL IN BAILABLE OFFENCES. Section 436 of Cr.P.C. is very clear regarding grant of bail in bailable offences. The Bail is the right of all the accused and accused can enjoy his all fundamental rights until proven guilty as general citizens. The accusation can be right or wrong, it took time to come to the conclusion by the court. Hence in the view that no innocent should get punished, the court has formed this section and provided as a right to all accused.

This Article is Written by Radhika Sharma, Student of Central India College of Law.

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