What Is A Bail Bond?

When an Accused is granted bail by any Court, the Accused is ordered to furnish a bond (with or without surety) to present himself before the Court as and when called upon, to pay the amount fixed by the Court. In case, the court orders for furnishing bail bond by the Accused alongwith surety, in that case, the Accused and the Surety shall furnish bonds for such amount as stated by the Court. The Surety is the person who undertakes to present the Accused before the Court. The Surety has to file an affidavit stating permanent address, relationship with Accused, income and also state the Surety amount. The Surety has to give an undertaking in the affidavit to produce the Accused before the Court on every date of hearing.

Practically, when the Accused fails to appear before the Court, the Court issues non-bailable warrants for Accused and a notice is served upon the Surety to appear before the Court. If, the Accused still does not appear or appears and does not show sufficient cause for his non-appearance before the Court, the Court forfeits the amount of the Surety and cancels, the bail granted to the Accused.

Provisions as to bail bond are provided in Chapter 33 of the Criminal Procedure Code, 1973. Bond and bail bond for attendant before office incharge of police station of Court is given under Section 436, 437, 438(3) and 441 of Cr.P.C.

The courts have discretion to accept bond from the Accused for a particular amount, however, the said amount is required to be fixed on the circumstances of the case. The Court also has discretion to accept bail bond from the Accused without any Surety or in multiple cases against Accused, the Court can also order for one surety, however the bail bond has to be furnished in all cases. The basic purpose of furnishing bail bond by the Accused and Surety is to secure the presence of the Accused before the Court. Many a times, it is seen that the Accused despite having granted bail is lingering in Jail (Judicial Custody) just for the reason that the Accused is not able to give a Surety. In that case, an application can be preferred by the Advocate for the Accused before the Court granting bail for modification of order so far, it relates to furnishing of Surety and can offer Surety in the form of Bank Guarantee or Cash on behalf of Accused.

The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

Vikram Kumar

Advocate

9958319099

www.nyayoptions.com