How to Get Bail in Non-Bailable Offences: Complete Guide

Getting bail in a non-bailable offence is one of the most challenging situations in criminal law. Unlike bailable offences—where bail is a right—non-bailable offences require you to convince the court that you deserve bail based on facts, law, and circumstances.
This complete guide explains the process, legal provisions, documents required, grounds for bail, court principles, and practical tips to increase your chances.

1. What Are Non-Bailable Offences?

Non-bailable offences are offences where bail is not granted as a matter of right. Instead, the accused must apply for bail and the court has complete discretion to approve or reject it.

Examples include:

Murder (Sec. 302 IPC)
Rape (Sec. 376 IPC)
Kidnapping (Sec. 364 IPC)
Attempt to murder (Sec. 307 IPC)
Dowry death (Sec. 304B IPC)
NDPS offences
Serious economic offences

In such cases, courts examine whether granting bail may affect the investigation, threaten witnesses, or allow the accused to flee.

2. Which Court Grants Bail in Non-Bailable Offences?

Depending on the stage of the case, bail may be sought from:

1. Magistrate Court

Power to grant bail in non-bailable offences except those exclusively triable by Sessions Court.

2. Sessions Court

Handles serious offences and is the primary court for bail after arrest.

3. High Court

If Sessions Court rejects bail, you can apply under Section 439 CrPC.

4. Supreme Court

Final remedy under Article 136 (Special Leave Petition).

3. Types of Bail in Non-Bailable Offences

1. Regular Bail (Sec. 437 / 439 CrPC)

For accused already arrested and in custody.

2. Anticipatory Bail (Section 438 CrPC)

Pre-arrest bail to avoid custody.

3. Interim Bail

Temporary protection until final hearing.

4. Default Bail (Sec. 167(2) CrPC)

If charge sheet not filed within 60/90 days.

4. Legal Procedure to Get Bail in Non-Bailable Offences

Step 1: Hire an Experienced Criminal Lawyer

Drafting, strategy, and argument make a significant difference.

Step 2: Prepare the Bail Application

A bail application must include:

FIR number
Offence sections
Arrest details
Role of the accused
Case facts
Grounds for bail
Lack of criminal history
Cooperation with investigation
Documents supporting innocence

Step 3: Filing the Bail Petition

If Accused Is Arrested → File Regular Bail

Before the Magistrate → if rejected → apply to Sessions Court → then High Court.

If Arrest Is Anticipated → File Anticipatory Bail

Before Sessions Court → if rejected → apply to High Court.

Step 4: Court Hearing

During the hearing:

Your Lawyer Will Argue:

You are falsely implicated
No recovery from you
No direct evidence
You have strong roots in society
No criminal background
You will cooperate fully
You won’t threaten witnesses

The Prosecution Will Oppose Bail If:

The offence is grave
Recovery is pending
You may abscond
You may tamper with evidence

Judge May:

Ask questions
Call for case diary
Request a status report from police
Reserve order
Grant or reject bail

5. Important Grounds for Bail in Non-Bailable Offences

Courts consider the following grounds very seriously:

Ground 1: Weak or Insufficient Evidence

If allegations are based on:

Suspicion
Hearsay
Contradictory statements
Circumstantial evidence

The court may grant bail.

Ground 2: No Criminal History

First-time offenders get relief more easily.

Ground 3: False Implication

Common in personal, political, family, and property disputes.

Ground 4: Delay in Trial

If the trial is slow or prosecution is delaying witness examination, bail becomes likely.

Ground 5: Medical Grounds

Serious illness of the accused or their dependent family members.

Ground 6: Minor Role in the Offence

If the accused has no major involvement or no recovery from them.

Ground 7: Lack of Recovery

If nothing is recovered from the accused, courts consider bail favourably.

6. Factors Courts Check Before Granting Bail

Courts balance personal liberty with public interest and check:

Gravity of the offence
Evidence strength
Chances of absconding
Risk of tampering evidence
Likelihood of repeating the offence
Previous criminal record
Nature of allegations
Conduct during investigation

These principles come from landmark SC judgments like Arnesh Kumar, Sanjay Chandra, Gurbaksh Singh Sibbia, etc.

7. Bail Conditions Imposed in Non-Bailable Offences

If bail is granted, conditions may include:

Not leaving India without permission
Passport surrender
Visiting police station periodically
Avoiding contact with witnesses
No similar offences
Submission of sureties

Violation may lead to cancellation of bail.

8. Cost and Time to Get Bail in Non-Bailable Cases

Time Required

Magistrate: 1–7 days
Sessions Court: 1–2 weeks
High Court: 2–6 weeks
Supreme Court: varies

Cost

Depends on lawyer experience and court complexity. Serious offences cost more.

9. What If Bail Is Rejected?

You can:

Apply to a higher court
Reapply on fresh grounds
Seek interim or temporary bail
Challenge improper arrest

10. Practical Tips to Improve Bail Chances

Never hide facts from your lawyer
Prepare a clean bail strategy
Cooperate with investigation
Maintain good character reference
Avoid discussing the case with anyone
Appear in court on every date

Conclusion

Getting bail in a non-bailable offence requires a strong legal approach, solid grounds, and proper documentation. Courts examine each case carefully, but they also protect personal liberty—so a well-prepared bail application stands a very good chance.

Adv. Supinder Singh Sohi

Punjab and Haryana High Court
Mob. No.: +919888876660.