Bail law

Securing Your Release with DivorcebyLaw

In legal proceedings, bail refers to the temporary release of an accused individual who has been arrested or detained for a criminal offence. The term "bail" is derived from the French word "bailer," meaning to deliver or give. Although the Code of Criminal Procedure, 1973, does not provide a specific definition of bail, the provisions for bail can be found under sections 436 - 439 of the Code of Criminal Procedure1973. According to the Code of Criminal Procedure1973, an offence can be bailable or non-bailable. A bailable offence is listed as such in the First Schedule or is made bailable by any other current law, while a non-bailable offence refers to any other offence. At DivorcebyLaw, we provide bail application lawyers & family law services to guide you through the bail process if you or a loved one is facing criminal charges or an FIR is filed against you. Our legal team excels in strategic legal planning, crafting bespoke approaches tailored to each client's unique circumstances and objectives within High Court matters. .

Importance of Bail

Bail is an essential feature of the Indian legal system, premised on the fundamental belief that an accused person is presumed innocent until proven guilty. With the help of lawyers for bail matters in India, bail serves to protect the rights of an individual and facilitate their release from custody when there is sufficient evidence to suggest that their release will not threaten society. In this regard, it is crucial to engage the services of a competent and best lawyer for bail to facilitate filing a Bail Application. The importance of bail is underscored by several reasons, including:

  • Preserving the liberty of the accused by avoiding unnecessary incarceration of those not yet convicted.
  • Upholding the bedrock principle of the criminal justice system, defendants are considered innocent until proven guilty.
  • Minimizing the burden on the State of detaining accused individuals, which can be an expensive endeavor.
  • Affording the accused individual the opportunity to return to their normal life, as they have not yet been found guilty and have the right to move freely, provided they do not pose a danger to society.
  • Preventing the unjust imprisonment of individuals who are entirely innocent and have not committed any offence.


Regular bail is the most common type, where an accused is released from custody after being arrested. A court of law grants this type of bail under Sections 436, 437 and 439 of the Criminal Procedure Code (CrPC) when it is determined that the accused is not a flight risk or a danger to society. At DivorcebyLaw, our expert lawyers for bail matters in India can assist in filing a regular bail application to secure your release.


Interim bail is granted to an accused before the hearing for the grant of regular or anticipatory bail. The concept of Interim bail was introduced by the Hon'ble Supreme Court in 2009, stating that interim bail be granted pending disposal of bail application because arrest and detention of a person may cause irreparable loss. Our lawyers for bail matters in Bangalore can help you file an interim bail application to secure your release before the hearing of your bail application.


Anticipatory bail is granted when there is a fear or apprehension of arrest and the accused seeks protection. A court grants this type of bail under Section 438 of the CrPC. The best anticipatory bail lawyer in Bangalore can help you with this.


Transit bail is a type of bail granted by a court that does not have jurisdiction over the case. This type of bail allows an accused person to travel to a court with jurisdiction over their case. Although the term "transit bail" is not defined under the CrPC, the High Court can use its inherent power to grant transit bail for a specific period.

How DivorcebyLaw Can Help

DivorcebyLaw is a legal service provider that can provide expert assistance in bail-related matters and divorce matters including child custody and so on. Our team of bail application lawyers is well-versed in the nuances of the legal system and can help you navigate the complex process of seeking bail. We have extensive experience handling cases related to regular bail, interim bail, anticipatory bail, and transit bail. Our lawyers can provide you with the best legal advice and representation, ensuring the best possible outcome for your case.