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Supreme Court of India
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Criminal Law
Bare Acts
The Code of Criminal Procedure, 1973
Section 435-483
Section 467
Section 472
Section 476
Section 436- In what cases bail to be taken

When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a court, and is prepared at, any, time-, while-in, the custody of such officer or at any stage of the proceeding before such court to give bail, such person shall be released on bail:

Provided that such officer or court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:

Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 116 *[or section 446A].

*Ins. by Act 63 of 1980. Sec. 4 (w.e.f. 23-9-2023).
Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the court or is brought in custody and any such refusal shall be without prejudice to the powers of the court to call upon any person bound by such bond to pay the penalty thereof under section 446.

UTTAR PRADESH

In the first proviso, to section (1) of section 436, for the word "discharge" the word "release" shall be substituted.

[Vide U.P. Act 1 of 1984 (w.e.f. 1-5-2024)).
     
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