(1) A High Court or Court of Session may direct,—
(a) 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) of section 482, may
impose any condition which it considers necessary for the purposes mentioned in
that sub-section;
(b) that any condition imposed by a Magistrate when releasing any person on
bail be set aside or modified:
Provided that the High Court or the Court of Session shall, before granting bail to a
person who is accused of an offence which is triable exclusively by the Court of Session or
which, though not so triable, is punishable with imprisonment for life, give notice of the
application for bail to the Public Prosecutor unless it is, for reasons to be recorded in
writing, of opinion that it is not practicable to give such notice:
Provided further that the High Court or the Court of Session shall, before granting
bail to a person who is accused of an offence triable under section 64 or section 70 of the
Bharatiya Nyaya Sanhita, 2023, give notice of the application for bail to the Public Prosecutor
within a period of fifteen days from the date of receipt of the notice of such application.
(1A) The presence of the informant or any person authorised by him shall be obligatory
at the time of hearing of the application for bail to the person under section 64 or section 66
or section 70 of the Bhartiya Nyaya Sanhita, 2023.
(2) A High Court or Court of Session may direct that any person who has been
released on bail under this Chapter be arrested and commit him to custody.
Section 485. Special powers of High Court or Court of Session regarding bail.
RELATED ARTICLES