Section 187

(1) The High Court or Court of Session may direct that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3), may impose any condition which it considers necessary— (a) in order to ensure that such person will appear and receive sentence if convicted, or (b) in order to ensure that such person will not commit an offence similar to the offence of which he is accused, or suspected, of having committed, or (c) otherwise in the public interest. (2) The High Court or the Court of Session may impose any condition enumerated in sub-section (3) while granting bail in cases triable by those courts. (3) Where a person accused of an offence punishable with imprisonment which may extend to seven years or more, or of an offence under Chapter VI, Chapter VII, or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023, or abetment of, or conspiracy or attempt to commit, any such offence, the court shall, in addition to the conditions enumerated under sub-section (1), also impose the following conditions, namely:— (i) that the person shall make himself available for interrogation by a police officer as and when required; (ii) that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) that the person shall not leave India without the previous permission of the Court. (4) The High Court or the Court of Session, as the case may be, shall take into account the following factors, while deciding an application for bail under this section in case of an offence— (a) the nature and gravity of the accusation; (b) the antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a court; (c) the possibility of the applicant to flee from justice; (d) where the accusation has been made with the view to humiliate or injure the accused by detaining him in custody; (e) impact of release on the victim; (f) in case of organised crime or terrorism, the likelihood of accused to continue to engage in the offence. (5) Nothing in this section shall be deemed to affect the special powers of the High Court regarding bail under section 482.