LIBERTY UNDER LAW: THE SIGNIFICANCE OF BAIL AS A FUNDAMENTAL RIGHT

AUTHOR – SOMOSHRI BANERJEE, LLM SCHOLAR AT JOGESH CHANDRA CHAUDHURI LAW COLLEGE

BEST CITATION – SOMOSHRI BANERJEE, LIBERTY UNDER LAW: THE SIGNIFICANCE OF BAIL AS A FUNDAMENTAL RIGHT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 507-513, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Freedom, I say, is not  an absence of restraints; it is a composite of restraints. There is no liberty without order.            There   is no order without systematized restraint.

-Justice E. Barrett Prettyman, Former U.S. Judge

Bail, a legal mechanism that allows an accused person to be temporarily released from custody while awaiting trial, is fundamentally tied to the principles of justice and personal liberty. As a cornerstone of criminal jurisprudence, bail upholds the presumption of innocence—a key tenet of fair trial standards. The right to bail ensures that individuals are not unnecessarily deprived of their freedom prior to being found guilty of a crime, which would be a premature punishment. This concept is grounded in both constitutional and human rights frameworks, emphasizing that an accused must not be subjected to prolonged pretrial detention unless there is a valid and significant reason for denying bail, such as the risk of absconding, tampering with evidence, or threatening public safety.

In democratic societies, the right to bail is integral to preventing the arbitrary use of state power, ensuring that individuals are treated justly and equitably regardless of the accusations against them. By balancing the rights of the accused with the need to protect society, the judiciary plays a pivotal role in determining fair bail conditions. Despite its importance, debates around the accessibility of bail have surfaced, with concerns raised about discriminatory practices, excessive bail amounts, and inconsistencies in its application, particularly for marginalized communities. This paper examines bail as a fundamental right, exploring its legal basis, significance, and the challenges associated with its implementation. It argues that, while bail is essential for protecting individual liberty and ensuring fairness, reforms are needed to make the bail system more just and equitable. Through a critical analysis of legal provisions, judicial decisions, and case studies, this paper highlights the need for a more consistent and rights-focused approach to bail within modern legal systems.