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Quick Answer
Regular bail is granted post-arrest. For bailable offences (Section 480 BNSS), bail is a matter of right. For non-bailable offences (Section 483 BNSS), bail is discretionary and is decided based on factors including nature and gravity of the offence, prima facie evidence, antecedents of the accused, possibility of fleeing, and risk of witness tampering. The Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, laid down comprehensive guidelines for grant of bail to accused persons in different offence categories.
Statutory reference
Sections 480, 483 BNSS 2023
Regular bail is applied for after arrest, typically first before the Magistrate and then the Sessions Court, with the High Court available if both decline. The court weighs the gravity of the offence, the strength of the prima facie case, the accused's antecedents and roots in the community, flight risk, and the possibility of witness tampering. In practice, the quality of the bail application matters enormously: annexing documents that show the dispute is civil in nature, medical grounds, parity with co-accused already on bail, and the period already spent in custody are the arguments that actually move courts. Bail is almost always conditional — surety bonds, surrender of passport, regular appearance at the police station — and conditions can be relaxed later by application to the same court.
Worked example
A trader is arrested in a ₹40 lakh cheating case after a supply deal collapses. His first bail application before the Magistrate is rejected. His lawyer then moves the Sessions Court with the complete paper trail — purchase orders, part payments, and correspondence showing an ongoing commercial dispute — and argues parity, since a co-accused was granted bail two weeks earlier. The Sessions Court grants regular bail on a personal bond with one surety, passport deposit, and weekly police-station attendance for two months. Total custody: 19 days — most of it spent waiting for the Sessions listing, which is why the first application's forum and drafting matter.
Related practice areas
Bail granted to an accused person already in custody under Section 480 (bailable offences) or Section 483 (non-bailable offences) BNSS. Distinct from anticipatory bail, which is granted before arrest.
Regular Bail is governed by Sections 480, 483 BNSS 2023. Regular bail is granted post-arrest. For bailable offences (Section 480 BNSS), bail is a matter of right. For non-bailable offences (Section 483 BNSS), bail is discretionary and is decided based on factors including nature and gravity of the offence, prima facie evidence, antecedents of the accused, possibility of fleeing, and risk of witness tampering. The Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, laid down comprehensive guidelines for grant of bail to accused persons in different offence categories.
Regular Bail falls under Criminal Law. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — your first step is a free case assessment with no obligation.
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