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Knowing how to get bail in Delhi starts with one question: is the offence bailable or non-bailable? For a bailable offence, bail is a right and the police or court must release the accused on a bond under Section 478 BNSS. For a non-bailable offence, you apply to the Magistrate under Section 480 BNSS, or to the Sessions Court or Delhi High Court under Section 483 BNSS.
This guide explains each type of bail, where to file in Delhi, the documents and sureties needed, and how long the process usually takes.
Key takeaways
- In bailable offences, bail is a matter of right (Section 478 BNSS, old Section 436 CrPC).
- In non-bailable offences, bail is the court’s discretion: Magistrate (Section 480 BNSS) first, then Sessions Court or High Court (Section 483 BNSS).
- If the police do not file the chargesheet within 60 or 90 days, the accused can claim default bail under Section 187(3) BNSS.
- A bail order is only the first step. Release happens after the bail bond and surety are accepted.
- Breaking bail conditions can lead to cancellation of bail and re-arrest.
In this guide
What bail means and why the offence type matters
Bail is the temporary release of an arrested person on a promise, backed by a bond, to appear before the court whenever required. It does not end the case. It only means the accused does not stay in custody while the case goes on.
The First Schedule of the BNSS lists whether each offence is bailable or non-bailable. That one label decides who can grant bail and how hard it is to get. Always check the sections written in the FIR before planning the bail strategy.
| Point | Bailable offence | Non-bailable offence |
|---|---|---|
| Right to bail | Yes, as of right | No, court’s discretion |
| Who can grant | Police officer or court | Magistrate, Sessions Court or High Court |
| Law | Section 478 BNSS (old S. 436 CrPC) | Sections 480 and 483 BNSS (old S. 437 and 439 CrPC) |
| Typical examples | Simple hurt, criminal intimidation (basic) | Theft, cheating (S. 318 BNS), cruelty (S. 85 BNS), serious hurt |
Types of bail under the BNSS
| Type of bail | When it applies | BNSS section (old CrPC) |
|---|---|---|
| Bail in bailable offence | Arrest for a bailable offence | S. 478 (old S. 436) |
| Regular bail | Accused is in custody for a non-bailable offence | S. 480 / S. 483 (old S. 437 / 439) |
| Interim bail | Short release while the main bail plea is pending, or for urgent reasons like a medical emergency | Court’s power under S. 480 / 483 |
| Anticipatory bail | Before arrest, when arrest is feared | S. 482 (old S. 438) |
| Default bail | Chargesheet not filed within 60/90 days | S. 187(3) (old S. 167(2)) |
| Undertrial release | Accused has served half the maximum sentence (one-third for first-time offenders) | S. 479 (old S. 436A) |
If arrest has not yet happened, read our guide on the anticipatory bail procedure in Delhi. This guide focuses on bail after arrest.
Which court to approach in Delhi
A key part of how to get bail in Delhi is choosing the right forum. Bail is usually sought in this order. Skipping the Magistrate or Sessions Court without a good reason often leads the High Court to send the matter back.
- Duty Magistrate or concerned Magistrate at the district court where the police station falls: Rohini, Tis Hazari, Karkardooma, Saket, Dwarka, Patiala House or Rouse Avenue.
- Sessions Court in the same district, if the Magistrate rejects bail or the offence is triable only by a Court of Session.
- Delhi High Court under Section 483 BNSS, if the Sessions Court rejects bail or in special-statute cases.
- Supreme Court by Special Leave Petition, only in exceptional cases.
Practice note: on weekends and holidays, Delhi district courts have a duty Magistrate roster. A first bail plea can often be moved the same day the accused is produced for remand.
Step-by-step: how to get bail in Delhi after arrest
- Get the FIR and arrest memo. Note the FIR number, police station and sections. FIRs are usually available on the Delhi Police website within 24 hours unless the case is sensitive.
- Check whether the offence is bailable. If it is, offer bail at the police station or before the Magistrate at the first production.
- Draft the bail application. Include the facts, grounds (no prior record, roots in society, cooperation with investigation, health, family), and an undertaking to follow conditions.
- File with a vakalatnama before the concerned court. The court issues notice to the State and calls for a reply from the Investigating Officer.
- Argue the application. The court weighs the gravity of the offence, the evidence, risk of flight, chance of tampering with witnesses, and criminal history.
- Furnish the bail bond and surety once bail is granted. The court may order surety verification.
- Collect the release order and send it to the jail (Tihar, Mandoli or Rohini). Release usually happens the same evening or the next day.
Documents and sureties required
| Document | Why it is needed |
|---|---|
| Copy of FIR and arrest memo | Shows the sections and arrest date |
| Bail application with affidavit | Grounds and undertakings |
| Vakalatnama | Authorises the advocate |
| ID and address proof of the accused | Shows roots in Delhi and reduces flight risk |
| Medical records (if relevant) | Supports bail on health grounds |
| Surety’s ID, address proof and asset proof (RC, FD, property papers or salary slip) | Shows the surety can pay the bond amount if the accused absconds |
| Previous bail orders or rejection orders | Required when moving a higher court |
A surety is a person who guarantees the accused will appear in court. Delhi courts commonly ask for a local surety, often a relative, with proof of residence and assets matching the bond amount.
Default bail: when the police miss the deadline
Under Section 187(3) BNSS, if the police do not file the chargesheet within 90 days (offences punishable with death, life imprisonment or 10 years or more) or 60 days (other offences), the accused gets an indefeasible right to bail, provided they apply and are ready to furnish bail.
This right must be claimed before the chargesheet is filed. The Supreme Court in M. Ravindran v. Intelligence Officer, DRI (2020) held that once the accused applies in time, the right cannot be defeated by filing the chargesheet afterwards.
How long does it take to get bail in Delhi?
| Forum | Typical time (varies by case) |
|---|---|
| Police station (bailable offence) | Same day |
| Magistrate (regular bail) | 1 to 7 days after filing |
| Sessions Court | 1 to 3 weeks |
| Delhi High Court | 2 to 6 weeks; urgent cases can be mentioned earlier |
Time depends on when the police file their reply, whether the complainant opposes, and the court’s daily list. Special laws like NDPS (Section 37) and PMLA (Section 45) have stricter conditions, so bail there takes longer.
Common bail conditions and cancellation
- Appear on every date of hearing.
- Do not contact or threaten the complainant or witnesses.
- Do not leave India, or Delhi, without the court’s permission.
- Join investigation when called and share a working phone number with the IO.
- Do not commit any offence while on bail.
If a condition is broken, the court can cancel bail under Section 480(5) or Section 483(3) BNSS and order re-arrest. Keep a record of every date and attend through your advocate if personal exemption is allowed.
Common mistakes that delay bail
- Filing straight in the High Court without approaching the lower court.
- Hiding earlier bail rejections. Courts in Delhi ask for full disclosure.
- Offering a surety without proper asset or address proof.
- Missing the default bail window by not applying on day 61 or day 91.
- Making statements to the media or on social media about the complainant.
The Supreme Court in Satender Kumar Antil v. CBI (2022) stressed that bail should be the rule and jail the exception in suitable cases. Even so, each plea must be built on the facts of the case.
How a bail lawyer in Delhi helps
A bail lawyer in Delhi checks the sections, picks the right forum, drafts grounds that match the case diary, and arranges surety papers in advance so release is not delayed. For serious offences, counsel may also seek interim bail while the main plea is heard.
To understand what happens after release, read our guide to the stages of a criminal case in Delhi. If the arrest follows a fresh FIR, see what to do after an FIR in Delhi. For advice specific to your situation, you may consult a qualified advocate.
Frequently asked questions
Can bail be granted on the same day of arrest in Delhi?
Yes, for bailable offences the police or the Magistrate must grant bail once the accused offers a bond. In non-bailable cases, a Magistrate can hear the bail plea at the first production, but the court usually calls for a police reply, so same-day bail is less common.
What is the difference between regular bail and anticipatory bail?
Regular bail is sought after arrest, when the accused is in custody, under Sections 480 or 483 BNSS. Anticipatory bail is sought before arrest under Section 482 BNSS, and directs that the person be released on bail if arrested. Both are decided by weighing the facts, evidence and conduct of the accused. See our guide on regular bail vs anticipatory bail.
Who can stand as surety for bail in Delhi?
Any adult with a fixed address and enough assets to cover the bond amount can be a surety. Delhi courts usually prefer a relative or local resident. The surety files ID, address proof and asset proof, such as a vehicle RC, fixed deposit or property papers, and the court may get them verified.
What happens if bail is rejected by the Magistrate?
The accused can file a fresh bail application before the Sessions Court under Section 483 BNSS. If the Sessions Court also rejects it, the next forum is the Delhi High Court. Each new application must disclose earlier rejections and should show a change in circumstances or a strong legal ground.
What is default bail under Section 187 BNSS?
Default bail is a right that arises if the police fail to file the chargesheet within 60 days, or 90 days for serious offences. The accused must apply before the chargesheet is filed and be ready to furnish bail. Once claimed in time, the court must grant it.
How much does a bail bond cost in Delhi?
The bond amount is set by the court and depends on the offence, often from ₹10,000 to ₹1,00,000 or more. It is not paid in cash upfront. The accused and surety sign a bond promising to pay that amount if the accused fails to appear in court.
This guide was prepared with reference to Sections 478 to 485 and 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (available on India Code) and Supreme Court rulings cited above. Check the latest law before filing.
Related guides and services
- Bail Lawyer in Delhi
- Criminal Lawyers in Delhi
- Anticipatory Bail Lawyer in Delhi
- Anticipatory bail procedure in Delhi
- FIR quashing process in Delhi High Court
Written and reviewed by Advocate Shubham Mehta
Advocate, Bar Council of Delhi (Enrl. No. D/6398/2021), and head of SRLM Law Associates. He practises before Rohini Courts, other Delhi District Courts, Family Courts, consumer commissions and the Delhi High Court. More about the firm
Speak to SRLM Law Associates
For advice specific to your situation, you may consult a qualified advocate. Advocate Shubham Mehta and the SRLM Law Associates team can be reached at +91 92052 74745 or [email protected]. Chamber: 1310, Lawyer’s Chamber Block, Rohini Courts, Delhi – 110085. Office: 250, Kayan Vihar, Delhi – 110033. Open daily, 9 am – 9 pm. See our Google reviews and directions.
This article is for general information only and is not legal advice.
