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(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 480, 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 65 or sub-section (2) of 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.
(2) 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 65 or sub-section (2) of section 70 of the
Bharatiya Nyaya Sanhita, 2023.
(3) 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.
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