law: Code of Criminal Procedure Act, 1973
  436.In what cases bail to be taken.-
  (1) When any person other than a person
  
  accused of a non-bailable offence is arrested or detained without warrant by an
  
  officer in charge of a police station, or appears or is brought before a Court,
  
  and is prepared at any time while in the custody of such officer or at any
  
  stage of the proceedings before such Court to give bail, such person shall be
  
  released on bail:
  
  Provided that such officer or Court, if he or it thinks fit, may,
  
  instead of taking bail from such person, discharge him on his executing a bond
  
  without sureties for his appearance as hereinafter provided:
  
  Provided further that nothing in this section shall be deemed to affect
  
  the provisions of sub-section (3) of section 116.
  (2) Notwithstanding anything contained in sub-section (1), where a person has
  
  failed to comply with the conditions of the bail-bond as regards the time and
  
  place of attendance, the Court may refuse to release him on bail, when on a
  
  subsequent occasion in the same case he appears before the Court or is brought in
  
  custody and any such refusal shall be without prejudice to the powers of the
  
  Court to call upon any person bound by such bond to pay the penalty thereof
  
  under section 446.