Section 164 · Paragraph 156. Observance of bail provisions by Investigating Officer or Officer-in-Charge of Police Station

Whenever an accused is arrested, the investigating officer or the officer in charge of the police station shall consider whether to grant bail under the guidance of Section 169 and Chapter 33 of the Code of Criminal Procedure. Bail shall not be refused unless there is reasonable cause to believe that the accused has committed a non-bailable offense, and even under such circumstances, the officer in charge of the police station is not prohibited from granting bail unless the offense is punishable with death or transportation for life. An investigating officer who is not the officer in charge of the police station cannot release the accused on bail except under Section 169 of the Criminal Procedure Code and when there is sufficient evidence or reasonable cause for remanding the accused. In cases falling under Sections 436 and 437 of the Code of Criminal Procedure, 1973, the officer in charge of the station must forward the accused with his recommendation to the officer in charge of the police station. In cases where there are reasonable grounds to believe that the accused is guilty of a non-bailable offence, the officer in charge of the police station should, before releasing him on bail under the special provisions of Section 437 of the Code of Criminal Procedure, consider his past history, if known, and the possibility of his absconding.