(1) Before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
(2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition.
(3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
Legal Commentary & Landmark Judgments: Section 485
Section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 441 of the CrPC, 1973) regulates the execution of bail bonds by the accused and their sureties, setting out the terms and conditions guaranteeing appearance.
If a Magistrate insists on local municipal property owners or excessive surety bonds, cite Moti Ram and move an application under Section 485 to accept personal recognizance or outstation family sureties.