Section 436
Section 436 of CrPC states that any person who is detained by a police officer, who doesn’t have a warrant or that person is prepared in the custody of the police officer before the court has granted him bail, shall be released on bail through a bond without any kind of sureties. If the person has failed to follow the bail-bond then he can be refused bail. In case, the person appears in the court, such refusal will be subject to the court and it can call that person and impose penalty given under Section 446 of Cr.P.C.

Types of bail
Generally, there are three types of bail. Let’s have a look at them.

Regular bail
When a person has been arrested and is kept in custody, then the person can be released on a regular bail under Section 437 and Section 439 of the Cr.P.C. Section 437 It states that, if any person is detained for the commission of a non-bailable offense, without a warrant by a police officer, or when there are reasons to believe that there are not sufficient grounds to prove that the person has committed any non-bailable offense, then he can be released. This has to be followed in case he appears in any other court other than the Court of Sessions or the High Court.
Even so, this person can not be granted bail if there are reasons to believe that he is guilty of any offense punishable with a death sentence or life imprisonment or he has earlier been convicted for an offense which was punished with punishments of the same nature.

Section 439
It gives special powers to the High Court and the Court of Sessions regarding the same. It enables these courts to release the people on bail for the offenses specified in Section 437(3) of CrPC. The court can impose any condition which it thinks is necessary. It further provides that any condition which the Magistrate imposes can be set aside if the High Court has granted bail after giving notice to the public prosecutor. The bail, in this case, should be provided in case the offense can be tried exclusively by the Court of Sessions and is punishable with life imprisonment. Under both of these Sections, the courts can again direct the arrest of that person.

Interim bail
Before the procedure for granting a regular bail or anticipatory bail, interim bail is
provided. It is given for a temporary period. The reason behind this is that the granting of bail by the High Court or the Court of Session requires documents to be sent by the lower courts, which takes time. So, for the time being, the provision of interim bail is provided. The Interim bail can be extended and if its period expires then the person to whom it is granted has to be put in jail again.

Anticipatory bail
Section 438 of the CPC, provides the direction for a person apprehending arrest for any reason to believe. It provides that any person who anticipates that he can be arrested in pursuance of any accusation of committing a non-bailable crime can apply for the grant of anticipatory bail. Application has to be made to the High Court or the Court of Sessions. According to this Section if a person is released then there are some conditions that will follow-
 The person has to be present during the investigation whenever required,
 The person can not induce any person to disable him to enclose the facts against
him during the proceedings,
 The person shall not leave India without the prior permission of the court.

It was further provided that if any person is arrested by a police officer without a warrant then he can be given bail.

Circumstances under which bail is given by police When the arrest is made without a warrant Section 43 of the Cr.P.C. provides for the arrest of any accused by a private person. The private person after the arrest should bring the convicted person to the police station or hand him over to the police officer as soon as possible. The police will if it thinks that the convicted person should be released, release him. Section 56 of the Cr.P.C. enables the police officer to bail that person out under the provision contained in this Section. Section 169 of Cr.P.C. state that the bail can only be set when the investigation is made. Until then this Section does not provide bail. Bail can be given by the officer-in-charge of
the police station or the police officer who is investigating. Section 170 of Cr.P.C. grant authority to give bail, in the officer-in-charge of the police station in case the person is accused of committing a non-bailable offense. When the arrest is made with the issuance of the warrant Section 73 of Cr.P.C. states that if the court is issuing the warrant under which it is specified that if the person executes a bond in which he has provided sureties for appearing before the court when the court specifies, then the police officer to whom the warrant is issued will be allowed to give bail to the person. According to Section 81 of Cr.P.C. and Section 82 of Cr.P.C., it is specified that if the arrest is made in the district, the police officer other than District Superintendent of Police or the Commissioner of Police can release the accused from custody, but in case the arrest is made out of such district then the District Superintendent of Police or the Commissioner of Police
in the area of arrest can release the convicted.

Process of bail
When a person is accused of a crime, the first step the police take is getting him booked. The police gather his personal information such as date of birth, address, etc and then do a little investigation into his personal history, check on his previous criminal records, if any. The police also check if he is intoxicated while the charge sheet is being prepared.

Bail application
When the person is convicted of a crime, he has a right to apply for bail. Applying for bail depends upon the juncture at which the case is. To give you an illustration, if the manager of an office apprehends that he can be booked for harassment, alleged by an employee, who is a woman in his office, then, in this case, he can file an anticipatory bail application. If the person is arrested, hitherto, the first thing he will do is to call you, his criminal defense attorney and apply for bail. Now, we know there are two types of offenses, bailable and non-bailable. In the case of a bailable offense, the accused has to file an application by filing the Form-45 which is provided in the second schedule. This has to be filed in the court where the case proceedings are to be heard. The court has to approve the bail. In case of non-bailable offense, the suspect has to fill up the same form and file it in the court
where his case is to be presented, the only change is that here the court has the discretion to grant bail. Furthermore, every bail application should stand as distinct, as every case has different scenes and many uncommon facts. Bail on Appeal When a person is already convicted and applies for appeal in the Higher Court, meanwhile he can apply for bail. There are many things that have been taken into consideration like what if the appeal will be granted by the Higher Court or if there was a grave mistake made on the part of the Lower Court in deciding the case, etc.

Bail hearing
The bail hearing is the process, wherein the judge hears all of the reasons to grant bail and then announces the decision, based on whether he is convinced to grant the bail or not. It is important to understand the motive of the hearing and choose who is representing the convict in the hearing. It is the main role that you, as an attorney, will have to play. Herein, all the evidence and the facts are presented before the court. And the attorney has to convince the judge so that he starts to believe that there is a likelihood that the accused should not be convicted after his trial and he is innocent. What all will the judge consider while hearing your case proceedings? Factors considered to grant a bail :

 The character of the accused,
 Nature of the crime for which the accused has been convicted,
 His employment situation and financial conditions,
 His background history,
 Whether the accused has been convicted before and if yes, then his regularity in
the scheduled appearances by the judge,
 His family background and history,
 For how many years he has been a resident of the community, he is currently
living in.
All the evidence regarding these factors is to be presented by the accused and his attorney. However, the judge can grant bail or cancel it due to a lack of evidence or if he thinks the evidence is not proper. When the judge grants the bail then he imposes some conditions along with it. These conditions are most likely related to alcohol tests, constraints in travel, necessary conditions in employment, periodic meetings with an officer.