 What is the distinction between a bailable and a non-bailable offence? I have already mentioned that the distinction between a bailable offence and a non-bailable offence is that in the case of a bailable offence, the offender has a right to bail, has got the entitlement to bail. As of right, he has the right, the bail cannot be refuted, it is a bailable offence. You may refer to paragraphs 9 and 10 of Resi Kallal versus Kishore 2009, Volume 4, SCC 446, 2009, Volume 4, SCC 446. The magistrate of court is bound to grant him bail in the case of a bailable offence. The accused is entitled to bail as of right. Yet another decision is because versus state of Rajasthan, not because Chattarath, because versus state of Rajasthan. 2014, Volume 3, SCC 321. But in the case of a non-bailable offence, the offender is not entitled to bail as of right. His right to bail is dependent on various factors like the existence of any prima facie case, or reasonable ground to believe that the accused committed the offence. Number two, the nature and gravity of the alleged offence. Number three, severity of punishment in the event of conviction. Number four, danger of the accused absconding or fleeing from justice if released on bail. Yet another parameter is character, behavior, means, position and standing of the accused. Supposing he is a habitual offender, court will be hesitant in granting him bail. Then likely of the offence being repeated. That also is one of the parameters which the court will have to go into before granting bail. Then reasonable apprehension of witnesses being influenced or intimidated. If he is capable of, this person is capable of influencing or intimidating the prosecution of witnesses, then also the court will be hesitant in granting bail in a non-bailable offence. Then the relative position of the victim and the danger of justice being thwarted by the grant of bail. All these considerations, parameters will have to be looked into by the court before granting an order for bail in the case of a non-bailable offence. You may refer to paragraphs 17 to 19 of Anil Kumar Yadav versus State Institute of Delhi. 2018 Volume 12 SCC 129. AIR corresponding to AIR 2017 Supreme Court 5398. I will repeat this citation. 2018 Volume 12 SCC 129 corresponding to AIR 2017 Supreme Court 5398. That is the main distinction between bailable and non-bailable offence.