RIGHT TO BAIL IN INDIA

 AUTHOR – MANISH TRIPATHI, STUDENT AT AMITY LAW SCHOOL, LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH.

BEST CITATION – MANISH TRIPATHI, RIGHT TO BAIL IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 472-483, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The right to bail in India is a fundamental legal principle that safeguards personal liberty and ensures that an accused person is not unjustly detained before trial. Rooted in constitutional guarantees under Article 21, statutory provisions in the Code of Criminal Procedure, 1973 (CrPC), and judicial precedents, bail serves as a balance between individual rights and the broader interests of justice. While Indian courts have upheld bail as a rule rather than an exception, delays in the judicial process, stringent conditions in special laws, and the discretionary nature of bail decisions often lead to prolonged pre-trial detention, particularly for marginalized individuals.

Judicial interpretations, including landmark cases like Maneka Gandhi v. Union of India (1978) and Arnesh Kumar v. State of Bihar (2014), have emphasized the need for a liberal and rights-based approach to bail. However, special laws such as the Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act (PMLA) impose stringent bail conditions, making it difficult for accused individuals to secure release. A comparative analysis with international bail systems highlights the need for reforms in India’s bail laws, ensuring a more consistent, transparent, and accessible approach to pre-trial release.

KEYWORDS – Right to Bail, Personal Liberty, Criminal Procedure Code (CrPC), Article 21, Judicial Interpretation, Pre-Trial Detention, Special Laws, Fundamental Rights, Presumption of Innocence, Bail Reforms.