Bail After FIR – Step by Step Guide & FAQs

Last updated: October 4, 2025 Type: Article

Once an FIR (First Information Report) is registered, the police start investigating the case. Depending on the nature of the offence, the next steps differ:

Types of Offences

Type of Offence	Example Crimes	Who Grants Bail	Timeline	Documents Needed
Bailable Offence	Minor hurt, verbal abuse, small theft	Police Station or Magistrate	Same day or within 24 hours	Copy of FIR, ID proof, Address proof, Surety details
Non-Bailable Offence	Murder, rape, dowry death, serious fraud	Magistrate or Sessions Court	Usually 1–7 days after hearing	FIR copy, ID proof, lawyer's vakalatnama, surety bond
Anticipatory Bail (Pre-Arrest)	Fear of arrest before FIR or after it	Sessions Court or High Court	Depends on urgency	ID proof, copy of FIR (if filed), case details, lawyer's affidavit

Where and How to Apply for Bail

Step	For Bailable Offences	For Non-Bailable Offences
At Police Station	Ask for bail directly from the Investigating Officer.	Not possible. Police may arrest.
Through Magistrate Court	File a bail bond with personal surety.	File a Regular Bail application via lawyer.
For Anticipatory Bail	Not required.	Apply to Sessions Court or High Court before arrest.
Documents Needed	FIR Copy, ID Proof, Address Proof, Surety Documents.	FIR Copy, Application Drafted by Lawyer, Affidavit, ID Proofs, Case Facts.
Online Option	Some states allow online bail application tracking via eCourts Portal (https://services.ecourts.gov.in/ecourtindia_v6/?p=casestatus/index).	You can apply offline only, but hearing status can be checked online.

State-Wise Bail Process Access (Online Portals)

You can track the status of your case which also includes Bail through online portal

State/UT	Portal for FIR/Bail Tracking	Website
Delhi	Delhi Police FIR Portal	https://delhipolice.gov.in/
Maharashtra	Maharashtra Police Citizen Portal	https://citizen.mahapolice.ghttps://citizen.mahapolice.gov.in/Citizen/MH/index.aspxov.in
Uttar Pradesh	Jansunwai + e-Courts	https://jansunwai.up.nic.in/
Tamil Nadu	TN Police Citizen Services	https://eservices.tnpolice.gov.in/
Karnataka	Police IT Services	https://ecourts.gov.in/ecourts_home/index.php?p=dist_court/karnataka
Gujarat	Citizen Portal – Gujarat Police	https://ecourts.gov.in/ecourts_home/index.php?p=dist_court/gujarat
West Bengal		https://WB Police Online Services https://ecourts.gov.in/ecourts_home/index.php?p=dist_court/wb
All India (Courts)	eCourts Services (for Bail Application Tracking)	https://ecourts.gov.in

Quick Tip: How to Get Bail Faster

Hire an experienced criminal lawyer immediately after FIR.
Collect all proofs showing your cooperation or innocence.
Arrange surety (family or friend ready to stand guarantee).
Avoid absconding — appear before the court when called.
File anticipatory bail early if arrest seems likely.

Frequently Asked Questions (FAQs)

1. Can I get bail after FIR is filed?: Yes. It depends on whether your offence is bailable or not.
2. What's the difference between bailable and non-bailable offences?: Bailable = Minor crimes → Police can grant bail.
Non-bailable = Serious crimes → Only Court can grant bail.
3. Can I apply for bail online?: You can track or file through eCourts in some states, but physical appearance or lawyer submission is required for granting.
4. What documents are needed for bail?: Copy of FIR, ID proof, address proof, passport-sized photo, and surety documents.
5. Can I get bail the same day?: Yes, for bailable offences. Non-bailable may take 1–7 days depending on court.
6. Can I apply for anticipatory bail even before arrest?: Yes, under Section 482 of BNSS, you can apply to prevent arrest in a non-bailable case.
7. Who grants bail — police or court?: Police → Bailable offence.
Court → Non-bailable offence.
8. Can I travel after getting bail?: Depends on court conditions. You may need permission for foreign travel.
9. What if my bail is rejected?: You can apply to a higher court for reconsideration.
10. Will getting bail mean I'm innocent?: No. Bail means temporary freedom till trial is over.
11. Can women or senior citizens get bail easily?: Courts usually show leniency to women, elderly, or sick individuals.
12. What if the FIR is false?: You can seek FIR quashing from the High Court and apply for bail to avoid arrest.
13. How much does bail cost?: Court fees are nominal, but lawyer charges vary (₹3,000–₹25,000+ depending on case).
14. Can I get bail from any court in India?: No. Apply in the jurisdiction where the FIR was filed.
15. What if police arrest without notice?: You or your lawyer can move for anticipatory or regular bail immediately.
16. Can I apply for bail if I'm already in custody?: Yes, through a Regular Bail Application filed by your lawyer.
17. Is surety always needed?: Usually yes, unless the court allows personal bond.
18. Can police oppose bail?: Yes, they can object, but the court makes the final decision.
19. Can I file a bail plea without a lawyer?: Technically yes, but legally risky — always use a lawyer.
20. How do I check bail status online?: Visit ecourts → Case Status → Enter FIR or CNR number.

Also See

Affidavit with Bail Bond (Form No. 45, now under BNSS)

Affidavit for Bail Application before Sessions Court.

Application and Affidavit for Modification/Relaxation of Bail Conditions

Application for Anticipatory Bail.