Bail Cases in India: Safeguarding Personal Liberty Under Criminal Law
Bail plays a crucial role in the Indian criminal justice system by protecting an individual’s right to personal liberty while ensuring their presence during trial. It allows an accused person to be released from custody, either on personal bond or with sureties, pending investigation or trial.
Under the Code of Criminal Procedure (CrPC), bail is broadly classified into regular bail, anticipatory bail, and interim bail. While bail is generally a right in bailable offences, it remains discretionary in non-bailable offences, where courts assess factors such as the nature of the offence, severity of punishment, likelihood of absconding, and possibility of influencing witnesses.
Indian courts have consistently held that “bail is the rule and jail is the exception,” emphasizing that detention before conviction should not be punitive. Timely legal advice and proper documentation are essential to secure bail efficiently, especially in complex or serious criminal cases
