Section 478 of BNSS : Section 478: In what cases bail to be taken.

Explanation using Example

Example 1:

Ravi, a shopkeeper in Delhi, is arrested by the police for a minor theft accusation. Since theft is a bailable offense, Ravi is taken to the police station. Ravi informs the officer in charge that he is ready to provide bail. The officer checks the details and finds that Ravi has no prior criminal record and is a resident of the area. The officer then allows Ravi to be released on bail after he provides a surety bond.

However, Ravi is unable to arrange for a surety within a week due to financial constraints. The officer, recognizing Ravi's indigent status, decides to release him on a personal bond, ensuring that Ravi will appear in court on the specified date.

Example 2:

Priya, a college student in Mumbai, is detained by the police for participating in a peaceful protest without prior permission. Since this is a bailable offense, she is taken to the police station. Priya expresses her willingness to post bail. The officer in charge assesses her situation and finds that she is a student with no prior offenses. Priya is released on bail after providing a surety bond.

Later, Priya fails to appear in court on the scheduled date due to a misunderstanding of the court date. When she is brought before the court again, the judge decides not to grant her bail this time due to her failure to comply with the previous bail conditions. The court also informs Priya that her surety may be required to pay the penalty as per section 491.

Example 3:

Arjun, a daily wage laborer in Bangalore, is arrested for a minor altercation in his neighborhood. Since the offense is bailable, Arjun is taken to the police station. Arjun tells the officer that he is ready to provide bail, but he does not have the financial means to furnish a surety. The officer, considering Arjun's indigent status, releases him on a personal bond, ensuring that Arjun will appear in court on the specified date.

Arjun, however, fails to appear in court due to a family emergency. When he is brought before the court again, the judge decides not to grant him bail this time due to his failure to comply with the previous bail conditions. The court also informs Arjun that he may be required to pay the penalty as per section 491.