The relief of regular bail stems from the legislature’s identification of the principle of a fair trial to the accused and respecting the individual liberties till the pendency of the trial. Section 437 & 439, CrPC contain express provisions for granting of Regular bail and these provisions are explained below for a better understanding:
Section 437 When bail may be obtained in case of non-bailable offence:
(1) Any person accused or suspected of the commission of any non-bailable offence who is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session may be released on bail, but
(i) Such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence.
(ii) Such person shall not be released if the offence is a cognizable offence and he has previously been convicted of an offence punishable by death, life imprisonment, or imprisonment for seven years or more, or he has previously been convicted of a non-bailable and cognizable offence on two or more occasions.
(2) If it appears to such officer or Court at any stage of the investigation, inquiry, or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further investigation into his guilt, the accused shall, subject to the provisions of section 446A and pending such inquiry, be released on bail or, at the discretion of such officer or Court, on the execution by him of a warrant.
(3) When a person accused or suspected of committing an offence punishable by imprisonment for seven years or more, or an offence under Chapter VI, Chapter XVI, or Chapter XVII of the Indian Penal Code, or abetment of, conspiracy, or attempt to commit any such offence, is released on bail under sub-section (1).
(4) An officer or a court that releases a person on bail under subsection (1) or (2) must record his or her reasons or special seasons for doing so in writing.
(5) Any court that has released a person on bail under subsection (1) or (2) may, if it believes it is essential, order that the person be arrested and committed to custody.
(6) If, in any case triable by a Magistrate, the trial of a person accused of a non-bailable offence is not completed within sixty days of the first date set for taking evidence in the case, such person shall, if he is in custody for the entire period, be released on bail to the satisfaction of the Magistrate, unless the Magistrate otherwise directs for reasons to be recorded in writing.
(7) If the Court is of the opinion that there are reasonable grounds for believing that a person accused of a non-bailable offence is not guilty of any such offence at any time after the conclusion of the trial and before judgement is delivered, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgement delivered.
Section 439: Special bail powers of the High Court or Court of Session:
(1) A High Court or Court of Session has the authority to order-
(a) that any person in detention accused of a crime be released on bail, and that if the offence is of the sort described in paragraph (3) of section 437, the court may impose any condition it deems necessary for the purposes specified in that subsection;
(b) that any condition imposed by a Magistrate when releasing a person on bail be set aside or modified: Provided, however, that the High Court or the Court of Session shall, before granting bail to a person accused of an offence which is exclusively triable by the Court of Session or which, though not so triable, is punishable with life imprisonment, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in.
(2) A High Court or Court of Session may order the arrest and detention of anyone who has been released on bail under this Chapter.