Bail Conditions Checklist Toolkit for Session Judges for deciding bail applications

 1. Identify the Law and Offense

·      
Which law applies?

o   Note the specific Act and sections
(e.g., BNS, PCA, Food Safety Act, MV Act, etc.)

·      
What is the applicable punishment?

o   Check the maximum sentence (death,
life, years of imprisonment, fine, or both).

o   Is the offense bailable or
non-bailable?

2. Assess Key Factual Determinants

·      
Nature and gravity of the offense

o   Seriousness (e.g., murder, corruption,
economic offense, accident causing death).

·      
Status of investigation

o   Is investigation complete?

o   Is any recovery/discovery pending?

·      
Criminal antecedents

o   Any prior record or pending cases?

·      
Risk factors

o   Likelihood of tampering with evidence
or influencing witnesses.

o   Flight risk or possibility of
absconding.

o   Threat to public or victim safety.

3. Decide on Bail Bond and Surety

·      
Bond amount

o   Proportionate to offense gravity and
accused’s background.

§  Minor/first-time offenses: ₹50,000
(e.g., sand transport, accident).

§  Serious/economic/corruption: ₹1,00,000
(e.g., trap case, gutkha seizure).

·      
Surety

o   One or two solvent sureties, usually in
the like amount.

4. Standard Bail Conditions (Apply in
Most Cases)

·      
Attend police station/investigating
agency as required.

·      
Do not tamper with evidence or
influence witnesses.

·      
No inducement, threat, or promise to
any person acquainted with the facts.

·      
Do not misuse liberty.

·      
Attend trial regularly.

·      
Bail before the committal court (where applicable).

·      
Inform all concerned (court, police, etc.).

5. Enhanced/Case-Specific Conditions

·      
Reporting frequency

o   E.g., appear at police station twice a
month for economic offenses.

·      
No-contact orders

o   No contact with informant, victim, or
prosecution witnesses.

·      
Restrictions on activities

o   Do not engage in similar illegal
activity (e.g., for economic or regulatory offenses).

·      
Surrender of passport or travel
restrictions

o   If flight risk is high.

·      
Medical or counseling requirements

o   In accident or intoxication cases.

·      
Asset restrictions

o   For financial crimes, restrict access
to certain assets.

·      
Electronic monitoring or house arrest

o   In rare, high-risk cases.

6. Breach and Revocation

·      
State in order: Any breach of conditions may result in
cancellation of bail and re-arrest.

·      
Allow prosecution to seek cancellation
if conditions are violated.

How to Apply This Toolkit When Deciding
Bail

·      
Step 1: List all applicable laws and sections for the offense.

·      
Step 2: Note the maximum punishment and whether the offense is
bailable.

·      
Step 3: Summarize key facts—seriousness, investigation status,
antecedents, and risks.

·      
Step 4: Set an appropriate bond and surety amount.

·      
Step 5: Apply standard conditions as a base.

·      
Step 6: Add any case-specific or enhanced conditions as required by
facts.

·      
Step 7: Clearly state consequences for breach.

Example Table for Quick Reference

Key Judicial Considerations (from
Orders and Law)

·      
Never
impose conditions more onerous than necessary.

·      
Always
tailor conditions to facts and risks in each case.

·      
Ensure
conditions protect witnesses, evidence, and public safety.

·      
Provide
clear, reasoned orders for grant or refusal of bail.

By
following these bullet points and referring to the table, you can objectively
and consistently decide on appropriate bail conditions for any case.

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