5.2 The Bail Application

Bail seeks the accused's release from custody pending trial. The Muluki Criminal Procedure Code, 2074 governs the court's discretion, distinguishing bailable and non-bailable offences. The application's persuasive core is a short table:FactorWhat to pleadOffence's gravityCharge's nature and maximum sentenceFlight riskRoots: family, residence, occupationEvidence's stageEvidence already recorded; tampering impossibleCriminal historyFirst offender where trueCustody's durationInvestigation complete; no need leftHealth or ageWhere genuinely relevantThe prayer: release on bail, or on conditions the court fixes (deposit, sureties, reporting). Article 20(3)'s 24-hour production rule and the preventive-detention limits of Article 23 give the constitutional background against which custody's necessity is judged.