Section 437 in The Code Of Criminal Procedure, 1973
Section 437 of CRPC “When bail may be taken in case of non bailable offence”
(1) When any person accused of, or suspected of the commission of any non-bailable offense is arrested or detained without warrant by an officer-in-charge of a police station or appears or is brought before a Court other than the High Court or Court of the session, he may be released on bail, but-
(i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offense punishable with death or imprisonment for life.
(ii) such person shall not be so released if such offense is a cognizable offense and he has been previously convicted of an offense punishable with death imprisonment for life or imprisonment for seven years or more or he had been previously convicted on two or more occasions of a non-bailable and cognizable offense:
Provided that the Court may direct that a person referred to in clause (1) of clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm:
Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason:
Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court.
(2) If it appears to such officer or Court at any stage of the investigation inquiry or trial as the case may be that there are no reasonable grounds for believing that the accused has committed a non-bailable offense but there are sufficient grounds for further inquiry into his guilt the accused shall subject to the provisions of Section 446A and pending such inquiry be released on bail or at the discretion of such officer or Court on the execution by him of a bond without sureties for his appearance as hereinafter provided.