Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Releasing an accused without sureties is legally permissible. Courts can grant bail by executing a personal bond without sureties, especially in cases where insisting on sureties may be impractical or unnecessary. For instance, it has been observed that the Court may release a convict on his own bond without sureties ["Wan Chenghua VS State of U. T. Chandigarh - Punjab and Haryana"] and the court may not release the accused on his personal bond and may insist on bail with sureties only in specific serious cases ["Kapil S/o. Harprashad VS State (NCT of Delhi) - Delhi"].
Section 445 of the CrPC explicitly states that deposit of money can substitute for bonds with or without sureties, indicating flexibility in the conditions of bail ["Kapil S/o. Harprashad VS State (NCT of Delhi) - Delhi"]. Additionally, courts have the discretion to release accused on personal bonds, especially if the accused cannot furnish sureties or if the surety process is burdensome, as noted in the Court of appeal may release a convict on his own bond without sureties ["Wan Chenghua VS State of U. T. Chandigarh - Punjab and Haryana"].
Courts may impose surety conditions, but these are not mandatory in all cases. Conditions such as requiring sureties from specific localities or relatives can be waived if deemed unnecessary or unreasonable, e.g., the condition 'out of the two sureties, one surety must be kin relative of the accused' stands waived ["Harsha C vs State of Orissa - Orissa"].
The primary purpose of sureties is to ensure the accused's presence during trial, not to guarantee payment of money or other obligations. Sureties are liable only for ensuring appearance, and their absence does not necessarily prevent release if alternative conditions are met ["Venugopal, S/o. Sreedharan Pilla VS State of Kerala, Represented by Public Prosecutor, High Court of Kerala - Kerala"].
The law recognizes that in certain circumstances, especially where the accused faces difficulties in furnishing sureties, courts can release on personal bonds. For example, the court can release the accused on his own bond ["01500085331"]. However, failure to produce sureties when required may lead to re-arrest or remand, but courts also have discretion to relax such conditions ["Abedur Shekh VS State Of Kerala - Kerala"].
In cases of forfeited bonds due to non-appearance, sureties are generally liable to pay penalties, and they cannot escape liability by producing the accused after the bond has been forfeited. The courts have consistently held that sureties are bound to pay the bond amount as penalty ["JYOTHI AGED 61 YEARS vs STATE OF KERALA - Kerala"], ["Jyothi vs State of Kerala - Kerala"].
Analysis and Conclusion:Yes, an accused can be released without sureties. Courts have the authority under the CrPC to release accused persons on personal bonds, especially when sureties are difficult to obtain or impose undue hardship. While sureties serve an important role in ensuring appearance, their requirement is not absolute, and courts can exercise discretion to release accused on personal bonds or monetary deposits instead of sureties. The main consideration is the purpose of bail—to secure the accused's presence—rather than the guarantee of monetary payment or strict adherence to surety conditions.
In the Indian criminal justice system, bail is a fundamental right designed to ensure that no one is deprived of liberty without due process. A common question arises: can I release the accused without sureties? This query often stems from scenarios where the accused, due to poverty or other constraints, cannot furnish sureties. While courts have discretion, releases without sureties are permitted under specific conditions, balancing the accused's rights with public interest. This post delves into the legal framework, procedures, and precedents, drawing from key provisions like the Code of Criminal Procedure (CrPC), 1973, and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Note: This is general information, not legal advice. Consult a qualified lawyer for specific cases.
The cornerstone for bail is Section 436 of CrPC (corresponding to BNSS provisions), which allows release on bail for bailable offences and, in certain cases, non-bailable ones. Importantly, it permits release on his personal bond without sureties for first-time offenders in bailable offences or under Section 436A for undertrials detained beyond half the maximum sentence Kiran T. S/o. Krishna Kumar VS State of Kerala - 2025 0 Supreme(Ker) 229.
Courts may release the accused without sureties when:- The offence is minor or less serious.- The accused is unable to furnish sureties due to poverty Sharwan Kumar Yadav @ Sharwan Yadav VS State Of Bihar - 2024 4 Supreme 766.- Special categories like women, minors, elderly, or those with health issues apply Sunil Kumar VS State of Bihar - 2022 2 Supreme 314.
The right to release on bail without sureties is recognized, especially in cases involving minor offences or under specific statutory provisions Kiran T. S/o. Krishna Kumar VS State of Kerala - 2025 0 Supreme(Ker) 229.
Under Section 436A CrPC, undertrials can be released on personal bonds if they've served half the maximum term, even without sureties, particularly if poverty hinders compliance Sharwan Kumar Yadav @ Sharwan Yadav VS State Of Bihar - 2024 4 Supreme 766. The SOP for Under Trial Review Committees emphasizes this for vulnerable prisoners.
In appellate stages, Section 389 CrPC allows suspension of sentence and release on his own bond without sureties. As observed, Surely, it cannot be that an under-trial is worse off than a convict or that the power of the court to release increases when the guilt is established Bhawan Singh, S/o. Gohadu Singh Gond VS State of Chhattisgarh, through Station House Officer Marwahi, Bilaspur (Chhattisgarh) - 2022 Supreme(Chh) 143Mahidul Sheikh VS State Of Haryana - 2022 Supreme(P&H) 1242.
For poor accused, courts often waive sureties. In one case, Scheduled Tribe appellants from poor backgrounds were released on personal bonds of Rs. 5,000/- without sureties, citing precedents like Moti Ram and Hussainara KhatoonBhawan Singh, S/o. Gohadu Singh Gond VS State of Chhattisgarh, through Station House Officer Marwahi, Bilaspur (Chhattisgarh) - 2022 Supreme(Chh) 143.
Fixed deposits (FDs) or alternatives can substitute sureties. Courts have allowed FDs in lieu of solvent sureties, especially in NDPS cases for intermediate quantities Mahidul Sheikh VS State Of Haryana - 2022 Supreme(P&H) 1242Mahidul Sheikh VS State Of Haryana - 2022 Supreme(P&H) 1239.
Releasing without sureties demands strict adherence:- Record Reasons: Courts must document justifications to avoid arbitrariness Sunil Kumar VS State of Bihar - 2022 2 Supreme 314.- Compliance with Timelines: For default bail under Section 167(2), sureties must be furnished promptly; delay extinguishes the right upon charge sheet filing Alex @ Alexpandiyan VS State Rep. by the Inspector of Police (L&O), Nagapattinam - 2023 Supreme(Mad) 3302.- Notice to Sureties: In bond forfeitures or transfers, proper notice is mandatory; arbitrary cancellation is illegal Muhammed Abdulla Sha VS State Of Kerala - 2023 0 Supreme(Ker) 205.
Proper procedural steps, including recording reasons and ensuring compliance with statutory requirements, are essential before releasing an accused without sureties Kiran T. S/o. Krishna Kumar VS State of Kerala - 2025 0 Supreme(Ker) 229.
District courts must track bail orders and releases, noting if on reduced sureties or personal bonds Bachchey Lal VS State of U. P. - 2014 Supreme(All) 3372.
Not all cases qualify:- Serious Offences: Repeat offenders or those posing flight risks/threats may require sureties Kiran T. S/o. Krishna Kumar VS State of Kerala - 2025 0 Supreme(Ker) 229.- Statutory Restrictions: NDPS or special laws may impose rigors, though discretion exists Mahidul Sheikh VS State Of Haryana - 2022 Supreme(P&H) 1239.- Multiple Sureties: One person can surety for multiple accused if property suffices Jagroop vs State of U.P. - 2026 Supreme(Online)(All) 11. There is no bar for a person to stand as surety for more than one accused person... subject to his sufficiency or capacity Jagroop vs State of U.P. - 2026 Supreme(Online)(All) 11.
Excessive conditions infringing Article 21 liberty can be modified; e.g., single surety bonds for 1200+ cases across districts K.N. ANAND KUMAR vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 51083.
Courts exercise wide discretion, favoring liberal bail for undertrials. In human rights cases, 73 prisoners were released on personal bonds despite bail grants pending sureties V. Senthilkumar VS Chief Secretary Government of Tamil Nadu - 2013 Supreme(Mad) 1352. The court of appeal may release a convict on his own bond without sureties V. Senthilkumar VS Chief Secretary Government of Tamil Nadu - 2013 Supreme(Mad) 1352.
In SC/ST cases, conditions like close relatives only as sureties were relaxed MANIKANDAN vs STATE OF KERALA - 2026 Supreme(Online)(Ker) 8334. For disproportionate assets, strict security like FDs with sureties was upheld Maya vs State Of Kerala, Represented By Spl Public Prosecutor Of Vigilance And Anti Corruption Bureau - 2025 Supreme(Ker) 3116.
Precedents affirm: Sureties ensure presence, but cannot deny liberty arbitrarily K.N. ANAND KUMAR vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 51083. The effect of granting bail is to release the accused from internment though the court would still retain constructive control over him through the sureties K.N. ANAND KUMAR vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 51083.
Yes, courts may release the accused without sureties in suitable cases, guided by CrPC/BNSS, judicial discretion, and fairness principles. However, procedural rigor is paramount to prevent misuse. Key takeaways:- Permitted for minor offences, poor undertrials, and vulnerables Kiran T. S/o. Krishna Kumar VS State of Kerala - 2025 0 Supreme(Ker) 229Sharwan Kumar Yadav @ Sharwan Yadav VS State Of Bihar - 2024 4 Supreme 766.- Always record reasons and follow timelines.- Alternatives like FDs bridge gaps.- Exceptions apply to serious cases.
This approach upholds liberty while safeguarding justice. For personalized guidance, seek expert legal counsel.
References:- Kiran T. S/o. Krishna Kumar VS State of Kerala - 2025 0 Supreme(Ker) 229, Sharwan Kumar Yadav @ Sharwan Yadav VS State Of Bihar - 2024 4 Supreme 766, Sunil Kumar VS State of Bihar - 2022 2 Supreme 314, Muhammed Abdulla Sha VS State Of Kerala - 2023 0 Supreme(Ker) 205, Jagroop vs State of U.P. - 2026 Supreme(Online)(All) 11, K.N. ANAND KUMAR vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 51083, Alex @ Alexpandiyan VS State Rep. by the Inspector of Police (L&O), Nagapattinam - 2023 Supreme(Mad) 3302, Maya vs State Of Kerala, Represented By Spl Public Prosecutor Of Vigilance And Anti Corruption Bureau - 2025 Supreme(Ker) 3116, MANIKANDAN vs STATE OF KERALA - 2026 Supreme(Online)(Ker) 8334, Bhawan Singh, S/o. Gohadu Singh Gond VS State of Chhattisgarh, through Station House Officer Marwahi, Bilaspur (Chhattisgarh) - 2022 Supreme(Chh) 143, Mahidul Sheikh VS State Of Haryana - 2022 Supreme(P&H) 1242, Mahidul Sheikh VS State Of Haryana - 2022 Supreme(P&H) 1239, Bachchey Lal VS State of U. P. - 2014 Supreme(All) 3372, V. Senthilkumar VS Chief Secretary Government of Tamil Nadu - 2013 Supreme(Mad) 1352.
#BailLaw #Sureties #CriminalJusticeIndia
To read “bail” as including only cases of release with sureties will stultify the sub-section; for then, an accused released on his own bond without bail i.e. surety, cannot be conditioned to attend at the appointed place. ... In regard to the exercise of the judicial power to release a prisoner awaiting trial on bail or on the execution of a personal bond without sureties for his appearance, I have to say this briefly. ... M.C. 1438/2021, on similar grounds, released....
Bond of accused and sureties. ... Therefore, there is no bar for a person to stand as surety for more than one accused person for their release on bail, subject to his sufficiency or capacity. ... sureties on the ground that they have taken sureties for more than one accused person but has filed a declaration before the court that they have not taken bail sureties of any other person. ... — Every person standing surety to an accused....
(2000) 3 SCC 409 ] it has been observed that “The effect of granting bail is to release the accused from internment though the court would still retain constructive control over him through the sureties. ... The Court went on to hold that sureties are essential to ensure the presence of the accused, released on bail. ... The sureties can, at any time they please, seek discharge and in such circumstance, if the accused fails to furnish fresh sureties,....
The Court of appeal may release a convict on his own bond without sureties. Surely, it cannot be that an under-trial is worse off than a convict or that the power of the court to release increases when the guilt is established. ... Section 445 CrPC mandates an accused to execute bonds by officers and Courts, with or without sureties. ... It is also clear that on the Court requiring a person to execute a personal bond with sureties or with....
Coming to the second condition, the direction of the learned Magistrate to the sureties that they shall provide a shelter to the accused in Ernakulam till the completion of the trial is without jurisdiction and it is illegal. It is liable to be set aside. ... Thereafter, the learned Special Judge as per order dated 07.09.2023 ordered release of the petitioner on executing a fresh bail bond for Rs.2 lakh with two solvent sureties each for the like sum. ... Similar is the case if a native of West Bengal b....
After granting bail, imposing excessive and onerous conditions, which are impossible for compliance by the accused for his release from custody is not the spirit of law and would be considered depriving the accused of his personal liberty without the sanction of law. ... 9.(7) One of the reasons which delays the release of the accused/convict is the insistence upon local surety. It is suggested that in such cases, the courts may not impose the condition of local surety.” 3.1. ... In ....
This means, first, the provisions relating to bonds and sureties are attracted. Section 441 provides for the execution of bonds, with or without sureties, by persons ordered to be released on bail. ... Whether bailable offence or non bailable offences, any person arrested or detained, the Court may release him on bail, with or without surety obtaining bail bond and imposing condition. ... One of the provisions relating to bonds is Section 445 which enables the court to accept the deposit of a sum of mon....
The surety only guarantees the presence of the accused during trial and not for any money due from the accused. Sometimes a surety without any property can, by virtue of his respectability in society, be a better surety than one with immovable property. ... Section 441 Cr.P.C. lays down the nature and contents of the bail bonds to be executed by the accused and sureties before a person is released on bail. The purpose of having one or more sureties is to ensure that the accus....
the FD receipt on executing the bond for the same amount with 2 solvent sureties.” ... the FD receipt on executing the bond for the same amount with 2 solvent sureties.” ... The Office is directed to release 6 Fixed Deposit Receipts (No.1732 to 1737) of Kodoor Service Co-operative Bank to the husband of the accused. 6. ... If there is no rival claimant and no dispute is raised by the accused regarding the nature, shape, weight, etc. of the ornaments in question, in appropriate cases, the court may even ....
who are his close relatives so as to release him on bail. ... According to the learned counsel for the petitioner, he is ready to produce two solvent sureties and that the stipulation that the sureties shall be his close relatives is to be omitted. ... ORDER Dated this the 5th day of February, 2026 The petitioner who is the accused in ... relating to Atrocities and Sexual Violence against Women and Children, Thiruvananthapuram, filed this petition under Section 528 of BNSS , being aggrieved by a condition imposed by....
The court of appeal may release a convict on his own bond without sureties. Pending any appeal by a convicted person the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond. it cannot be that an under-trial is worse of than a convict or that the power of the court to release increases when the guilt is established.
Pending any appeal by a convicted person the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond. Surely, it cannot be that an under-trial is worse off than a convict or that the power of the court to release increases when the guilt is established. The Court of appeal may release a convict on his own bond without sureties. It is not the courts status but the applicants guilt status that is germane.
The Court of appeal may release a convict on his own bond without sureties. Pending any appeal by a convicted person the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond. It is not the court's status but the applicant's guilt status that is germane. Surely, it cannot be that an under-trial is worse off than a convict or that the power of the court to release increases when the guilt is establishe....
Henceforth we direct that immediately after passage of the order of bail, the District Judges shall require each Court to maintain a record of the prisoner who has been granted bail, including the date of bail order. We would like a compliance report of all the aforesaid directions on the next listing from all the District Judges. The record shall also enter details of date of release order on providing bonds and sureties, or without/or on reduced sureties, with or without conditions for periodical attendance before the Courts/police stations till some sureties are provided.#HL_END....
"The court of appeal may release a convict on his own bond without sureties. Surely, it cannot be that an under-trial is worse off than a convict or that the power of the court to release increases when the guilt is established. It is not the court's status but the applicant's guilt status that is germane. The Hon'ble Supreme Court, after analysing Sections 445, 441(2) and (3) and 389(1) of Cr.P.C., proceeded further to observe as follows :-
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
