When Can One Apply for Regular Bail in the High Court?

Bail is one of the most essential safeguards in criminal jurisprudence. It is the mechanism that ensures that an accused person is not unnecessarily kept behind bars before the trial concludes, while simultaneously balancing the interests of justice and the rights of the prosecution. Regular bail, unlike anticipatory bail, comes into play after a person has been arrested and is in custody.

A common question that arises in criminal cases is: When can one apply for regular bail in the High Court?

The answer depends on the stage of the case, the gravity of the offence, and the orders passed by the lower courts. The High Court’s role is supervisory and appellate, and it is not always the first forum to approach for regular bail. This article explains in detail what regular bail is, the legal provisions, the situations when one can apply in the High Court, relevant judicial pronouncements, and the overall procedure.

Understanding Regular Bail

Meaning of Regular Bail

Regular bail is granted to a person who has already been arrested and is in police or judicial custody. It allows the accused to be released from custody until the trial is concluded, subject to conditions imposed by the court.

Legal Provisions under CrPC

  1. Section 480 BNSS/437 CrPC – Bail in case of non-bailable offences by Magistrates.
  2. Section 482 BNSS/438 CrPC – Anticipatory bail (before arrest, not relevant here but connected).
  3. Section 483 BNSS/439 CrPC – Special powers of High Court and Court of Session regarding bail.

Thus, the High Court has wide powers under Section 483 BNSS/439 CrPC to grant bail in appropriate cases.

Role of the High Court in Bail Matters

The High Court exercises jurisdiction in bail applications mainly in three circumstances:

  1. Appellate/Revisionary Role – When bail has been rejected by the lower courts (Magistrate or Sessions Court), the accused may approach the High Court.
  2. Concurrent Jurisdiction – Both Sessions Court and High Court have concurrent powers under Section 483 BNSS/439 CrPC to grant regular bail.
  3. Special Cases of Direct Approach – In rare or exceptional circumstances, one may directly apply to the High Court, such as in cases involving threats to life, political interference, or where immediate intervention is necessary.

When Can One Apply for Regular Bail in the High Court?

A person can apply for regular bail in the High Court in the following situations:

1. After Rejection of Bail by Magistrate

  • If a Magistrate rejects a bail application under Section 480 BNSS/437 CrPC, the accused can approach the Sessions Court or High Court under Section 483 BNSS/439 CrPC.
  • The High Court generally expects the accused to first approach the Sessions Court, but in exceptional cases, it may entertain the application directly.

2. After Rejection of Bail by Sessions Court

  • If the Sessions Court refuses bail, the High Court is the next forum.
  • This is the most common situation where accused approach the High Court.

3. In Serious or Heinous Offences

  • For offences like murder, rape, terrorism, large-scale economic offences, or offences under special laws such as NDPS Act, UAPA, PMLA, etc., the High Court’s intervention may be sought as these offences are generally not easily granted bail at the lower court level.

4. When Fundamental Rights are Violated

  • If continued detention violates Article 21 of the Constitution (Right to Life and Personal Liberty), one may approach the High Court directly.
  • For example, if charge sheet is not filed within the statutory period (60 or 90 days), the accused gets a right to statutory/default bail, and High Court can enforce this right.

5. In Cases Involving Legal or Constitutional Questions

  • Sometimes bail applications involve important legal questions such as interpretation of statutes, constitutional issues, or matters of public importance. In such cases, High Court’s jurisdiction is more appropriate.

6. When Investigation is Malafide or Political

  • If arrest or detention appears motivated by malice, political vendetta, or ulterior motives, High Court can be approached for regular bail.

7. After Filing of Charge-Sheet

  • Once investigation is complete and charge sheet is filed, the High Court may be approached for bail because the apprehension of tampering with evidence or absconding is reduced.

8. Pending Trial but Prolonged Custody

  • If trial is delayed for years and the accused has already spent substantial time in custody, High Court can be approached for bail on grounds of violation of speedy trial rights.

9. When Sessions Court Is Not Accessible

  • In rare situations where the Sessions Court is not functioning or there is urgency, the High Court may be directly approached.

Judicial Approach to Regular Bail in High Court

Indian courts have consistently held that bail is a rule and jail is an exception. The High Court considers various factors while granting regular bail:

  1. Nature and gravity of the offence.
  2. Prima facie involvement of the accused.
  3. Likelihood of tampering with evidence.
  4. Possibility of influencing witnesses.
  5. Likelihood of absconding.
  6. Criminal antecedents of the accused.
  7. Duration of custody already undergone.
  8. Stage of investigation or trial.
  9. Health conditions of the accused.

Case Laws

  • State of Rajasthan v. Balchand (1977 AIR 2447) – Bail is the rule, jail is the exception.
  • Gudikanti Narasimhulu v. Public Prosecutor (1978 AIR 429) – Emphasized balancing personal liberty with societal interest.
  • Sanjay Chandra v. CBI (2012) 1 SCC 40 – Prolonged custody before trial violates Article 21.
  • Kalyan Chandra Sarkar v. Rajesh Ranjan (2005) 2 SCC 42 – Reiterated that bail once rejected can be reapplied with new circumstances.

Procedure for Applying for Regular Bail in the High Court

  1. Drafting the Bail Application: Must include facts of the case, grounds for bail, and details of custody.
  2. Annexures: FIR copy, charge sheet (if filed), previous rejection orders, medical records, etc.
  3. Filing in High Court Registry: Through an advocate, mentioning urgency if needed.
  4. Notice to State/Prosecution: The prosecution is given opportunity to oppose.
  5. Hearing: Both sides argue, and High Court considers factors of law and facts.
  6. Order: The High Court may grant bail with conditions or reject the application.

Conditions Imposed by the High Court While Granting Bail

The High Court may impose certain conditions to ensure fair trial and investigation, such as:

  • Surrender of passport.
  • Restriction on leaving jurisdiction.
  • Regular appearance before trial court.
  • Furnishing of sureties and bonds.
  • Non-interference with witnesses.
  • Reporting to police station periodically.

Special Situations in Which High Court May Grant Bail

  1. Default/Statutory Bail (Under Section 167(2) CrPC):
    • If charge sheet is not filed within prescribed period (60/90 days), High Court can enforce this right.
  2. Humanitarian Grounds:
    • Bail on medical grounds, old age, pregnancy of woman accused.
  3. Delay in Trial:
    • Bail can be granted if trial is unduly delayed.
  4. Pari Materia with Supreme Court Orders:
    • High Court follows binding precedents laid down by the Apex Court.

FAQs on Regular Bail in the High Court

Q1. Can one apply directly to the High Court for regular bail?

Yes, but generally after rejection by Sessions Court. Direct approach is allowed only in exceptional cases.

Q2. What if the High Court rejects bail?

The accused can then approach the Supreme Court under Article 136 of the Constitution.

Q3. Can High Court impose stricter conditions than Sessions Court?

Yes, the High Court has wider discretion under Section 483 BNSs/439 CrPC.

Q4. Can bail once granted by High Court be cancelled?

Yes, under Section 483 BNSS/439(2) CrPC if accused misuses liberty or violates conditions.

Q5. Is there any time limit for filing a bail application in the High Court?

No fixed limit. It can be filed anytime after arrest and custody.

Conclusion

So, when can one apply for regular bail in the High Court?
A person can apply for regular bail in the High Court after arrest and custody, usually after rejection by lower courts, or directly in exceptional circumstances such as violation of fundamental rights, seriousness of offences, political vendetta, or prolonged custody without trial.

The High Court, empowered under Section 483 BNSS/439 CrPC, acts as a constitutional protector of personal liberty while balancing the interests of justice. It intervenes particularly in cases of serious offences, violation of Article 21, or when lower courts have erred in refusing bail.

Thus, the High Court serves as an essential forum for ensuring that the principle of “bail is the rule, jail is the exception” is upheld in the Indian legal system.

Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

error: Content is protected !!