BAIL AND JUDICIAL DISCREATION

AUTHOR – MOHAMMAD AZEEM CHAUDHARI, STUDENT AT AMITY LAW SCHOOL, LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH.

BEST CITATION – MOHAMMAD AZEEM CHAUDHARI, BAIL AND JUDICIAL DISCREATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 454-464, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Bail is a fundamental aspect of criminal jurisprudence that upholds the principle of personal liberty while ensuring the accused’s presence during the trial. Judicial discretion plays a pivotal role in granting or denying bail, balancing individual rights with societal interests. However, the exercise of discretion often leads to inconsistencies due to varying judicial interpretations, legal precedents, and the nature of the offense. This research paper examines the legal framework of bail, the factors influencing judicial discretion, landmark judgments, and comparative perspectives from other jurisdictions. The study also explores technological advancements in bail proceedings and highlights the need for a more standardized and equitable approach to bail jurisprudence. The analysis underscores the importance of judicial accountability, procedural fairness, and legal reforms to ensure that bail decisions remain just, transparent, and aligned with constitutional principles.

KEYWORDS:- Bail, Judicial Discretion, Criminal Justice, Personal Liberty, Pre-trial Detention, Legal Framework, Bail Reforms, Landmark Judgments, Judicial Precedents, Procedural Fairness.