Right to Bail

  • Saranya Adhikari
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  • Saranya Adhikari

    Student at Law College, Uttaranchal University Dehradun, India

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Bail means to release an accused person. Bail as a matter of right means that an accused person has got the right to get bail if he has committed a bailable offence which has been described under the first schedule of the criminal procedure code. If an accused is denied to get the bail, he will be in mental and corporeal destitution of jail life, so it is a right given to an accused to be free from custody till further proceeding and investigation is done. Bail should be given to a person because large numbers of people are unlettered and there is a lack of awareness seen over the victims. There is also a lot of torture by police in prison as they misuse their powers to prise out their mistake. Bail rises to give an assertion of police control and freedom to a person who has been convicted for his wrongdoing. The judiciary has given power to every individual who has been deprived of their liberty under article 21 of the Constitution. The reason for giving bail is not to let the accused person be released from prison but to release him from the misbehaviour under law. Bail is the security given by the defendant that he will be presented to the court for his hearing. A non-bailable crime is not considered as a matter of right, but an accused can be released on bail if a court thinks fit and proper to do so for the justice. It becomes the discretion of a court to grant bail or to refuse it. But if a person is granted bail under non-bailable offence then the person has to submit a bond that he will appear in the court whenever be called, and will comply with all the conditions imposed by the court.



Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 1355 - 1362

DOI: https://doij.org/10.10000/IJLMH.112663

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