The concept of bail extends beyond being a mere procedural safeguard; it serves as a fundamental expression of the constitutional promise of personal liberty. In India, the jurisprudence surrounding bail has experienced significant evolution, particularly in its intersection with the rights enshrined in Articles 14, 19, 21, and 22 of the Constitution. This paper offers a comprehensive analysis of the constitutional and legal framework governing bail, with a focus on the doctrinal and judicial developments that have shaped its current form.
From ancient philosophical roots and colonial influences to modern legislative enactments like the Bharatiya Nagarik Suraksha Sanhita, 2023, the research traces how the right to bail has evolved as a vital counterbalance to the coercive powers of the State. It examines how the Indian judiciary, especially through landmark rulings such as Maneka Gandhi v. Union of India, redefined the meaning of “procedure established by law” to demand fairness, reasonableness, and just application.
Through an analysis of legislative provisions, historical development, and case law, the paper argues for a principled and transparent approach to judicial discretion in bail matters. It advocates for a system that upholds liberty as the norm and pretrial detention as the exception ensuring that bail is not treated as a privilege but as a right essential to the integrity of a democratic society governed by constitutional values.
