Analysis Of Bail Regime In India - A Mockery Of Justice System

Author: LawSphereX

Category: Criminal Law

Published: 2026-08-23T17:57:51.204278+00:00

Updated: 2026-08-26T17:12:11.998+00:00

ANALYSIS OF BAIL REGIME IN INDIA: A MOCKERY OF

JUSTICE SYSTEM

Suryansh Shukla, B.B.A. LL.B., Indian Institute of Management, Rohtak Sakshi Kumari, B.B.A. LL.B., Indian Institute of Management, Rohtak

ABSTRACT

Bail involves submitting a personal bond or assurance that the guilty person will comply with court requirements and appear in court. Just because a person has been charged with a crime does not mean that they must be held in custody indefinitely. The Hon’ble Supreme Court of India ruled in Babua Tazmul Hossain v. State of Orissa1 that pre-trial imprisonment should not be revived as a punishment measure. Bail should be granted to the accused to better plead their case, with the exception of jails, unless there is a reason to believe the accused will not face trial or it is not in the best interests of society. The trial court and High Court judgements on bail differ significantly. In most circumstances, when the trial court rejects the bail plea, the High Court accepts the bail.

The trial judge dismisses the bail petition, along with other petitions, without expressing any judicial opinion. There is a clear need for a thorough reform of the bail system, taking into account the socioeconomic status of the majority of our population. When granting bail, the court should consider the accused’s socioeconomic situation and show compassion towards them.

1 Babua Tazmul Hossain v. State of Orissa, (2002) Appeal (Crl.) 593 of 2002.

INTRODUCTION:

Bail is a security deposit used to release a prisoner from prison awaiting trial or appeal. This ensures timely submission to judicial authorities. The court with authority over the convict determines the monetary value of bail, often known as the bail bond. Security might take the form of cash, property title paperwork, or a bond from a private individual or professional bonding organisation. If a person released on bail fails to surrender at the designated time, they forfeit their security deposit. 2 Bail is a post-arrest remedy that allows suspects to be released until their trial date. Bail upholds the customary right to freedom before guilt is proven. Bail protects innocent people from pre-trial punishment and allows accused individuals to prepare for their defence, based on the common law premise of the presumption of innocence.

3 Bail is based on two opposing interests: the accused person’s desire to be released from treatment in exchange for protection, such as Monterey or other assurances. The person’s desire to defend themselves from counter-social activities is also an intriguing topic. “The issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process. ” 4 In Black’s Law Dictionary, bail has been defined as “a security such as cash or bond especially security required by a court for the release of a prisoner who must appear at a future date. ” 5Interestingly according to Webster’s Law Dictionary defined “Bail, a temporary release of a person in exchange for security given for the prisoner’s appearance at a later hearing. ”6 In the case of Kamlapati v.

State of West Benga7, the Supreme Court defined bail as a technique that balances an accused person’s right to personal freedom and the public’s interest by requiring the surety to produce the accused in court for trial. Bail allows condemned individuals to maximise their freedom and avoid prison time. Bail refers to the arrival of a prisoner for

2 Urvashi Saikumar, Indian System of Bail—Anti Poor, (2018), (Aug. 16, 2024, 6:24 PM),

https://www.legalserviceindia.com/articles/bail_poor.htm.

3 Asim Pandey, Law of Bail Practice and Procedure, 8 (2d ed. 2015) (Lexis Nexis).

4 Gudikanti Narasimhulu v. Public Prosecutor, High Court of Andhra Pradesh, (1978) 1 SCC 240.

5 Black's Law Dictionary 177 (4th ed. 1968).

6 Webster’s Dictionary of Law 41 (India ed. 2005).

7 Kamlapati v. State of West Bengal, (1979) AIR 1979 SC 777.

delivery. Bail is a restriction on an accused’s freedom that guarantees the accused’s availability for the trial or attempt. Keeping bail aside for a while, we’ll pickup the discussion from the point where the concept of bail emerges which is, ‘prevailing and past conditions of undertrial prisoners. ’ To improve outcomes for under-trial state inmates in India, reforming bail laws and improving fabrication are necessary. In a recent case, a committee visited a women’s shelter in Rohtak, Haryana, and found that girl children were subjected to sexual and physical abuse by family members and the shelter director. The committee saw a close relationship between local police officers and shelter house management personnel. In theory, the courts did nothing wrong when they granted bail to the accused. But this decision of court being theoretically correct, was that righteous?

The term ‘crime’ refers to a range of offences, including murder, voluntarily causing harm, attempted murder, waging a war against the Indian government, robbery, kidnapping for ransom, robbery and banditry in the Indian subcontinent, forgery, eve teasing, extortion, cheating, counterfeiting money and currency, and criminal trust breach. Shelter house members and disciplined associations have committed organised crimes against women. 8 The Foreign Exchange Regulation Act of 19739, NDPS Act of 198510, Prevention of Corruption Act 198811, and Customs Act of 196212 all include a specific clause. According to Majibur Rehman13, these Acts provide thorough definitions for all forms of crime. The state government has the legal responsibility to confiscate any money gained from such crimes.

RESEARCH METHODOLOGY:

Bail plays an important role in ensuring a person’s freedom. The court decides whether to grant bail for non-bailable offences. Examination means to look again. This examination involves the theological type of exploration. The examination is completed using both essential and optional sources. The governing body’s demonstrations, enactments, and ordinances are 8 Ajit Kumar K. & Purnima, Democracy in the Ageing Society, 2 Int'l J. Legal Research & Stud. 35, 35-38 (2017).

9 The Foreign Exchange Regulation Act, No. 46 of 1973, Acts of Parliament, 1973 (India).

10 Narcotic Drugs and Psychotropic Substances Act, No. 61 of 1985, Acts of Parliament, 1985 (India).

11 Prevention of Corruption Act, No. 49 of 1988, Acts of Parliament, 1988 (India).

12 Customs Act, No. 52 of 1962, Acts of Parliament, 1962 (India).

13 Majibur Rehman, Role of NGO in Protection of Human Rights of an Accused: An Assessment, Culture, Society and Law, 4, 20, 20-36 (2017).

considered essential sources, whereas auxiliary sources include judicial rulings and standards established elsewhere. This paper relies on both primary and auxiliary sources of theological exploration.

OBJECTIVES OF STUDY:

This study focuses on the disadvantages of the bail framework in India. Bail should be approached with caution and based on reasonable norms, rather than discretion.

1. The study will highlight the harmful impact of rejection of bail in minor offences.

2. Learn about the criminal justice system and bail.

3. To collect data on bail legislation and procedures.

4. To investigate the bail trends in India.

5. Worrying conditions of sexual offences and bail granting regime to the offenders.

TYPES OF BAIL:

In India, there are three sorts of bail: regular, interim, and anticipatory bail.

1. Regular bail: A person in police custody may be granted regular bail. Under Sections

48014 and 48315 of Bharatiya Nagarik Suraksha Sanhita (437 and 439 of the Code of

Criminal Procedure).

2. Interim Bail: Interim bail is granted for a limited time and can include intermittent or

anticipatory bail prior to a hearing.

3. Anticipatory Bail: The Session and High Courts can issue anticipatory bail under

section 48216 of Bharatiya Nagarik Suraksha Sanhita (438 of the CrPC). A person can apply for anticipatory bail if they are fearful of being arrested for a non-bailable offence.

14 Bharatiya Nagarik Suraksha Sanhita, § 480, No. 46 of 2023, Acts of Parliament, 2023 (India).

15 Bharatiya Nagarik Suraksha Sanhita, § 483, No. 46 of 2023, Acts of Parliament, 2023 (India).

16 Bharatiya Nagarik Suraksha Sanhita, § 482, No. 46 of 2023, Acts of Parliament, 2023 (India).

CLASSIFICATION OF OFFENCES FOR BAIL:

Bailable Offences: Section 2(c) of the Bharatiya Nagarik Suraksha Sanhita,202317 defines offences that are bailable. Bailable offences are those listed in the First Schedule of BNSS or rendered bailable by other laws. Non-bailable offences are any other offence. Bailable offences allow an accused person to be released on bail. Some offences are often punished for fewer than three years. Bail is easier to obtain for bailable offences. Bailable Offence refers to an offence that is classified as bailable. After meeting the necessary conditions, bail can be given under Section 478 of the BNSS,2023. When a defendant is arrested or incarcerated for a bailable offence, the police may grant bail. Non-Bailable Offences: Non-bailable offences require a judicial decision to grant bail. The accused can petition for bail under Sections 480 and 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023.

These offences are considered more serious than bailable offences. The term for non-bailable offences is three years or more. It’s important to note that granting bail for nonbailable offences is at the discretion of the court.

WORRYING SITUATIONS OF SEXUAL VIOLENCE:

The Aligarh episode highlights the dangers of criminals perpetrating similar acts while court prosecutions are underway, as evidenced by their history of doing so. The inability of local police personnel and government institutions to uphold women’s safety regulations in India highlights a fundamental need to bring justice and protect the poor. To ensure safety, it is recommended that safety care homes be placed under the jurisdiction of the High Court, rather than private groups or organisations. 18 In the Muzaffarpur shelter home case, a private group abused poor children with the support of local law-and-order authorities. This occurred years after the Justice Verma Committee’s recommendations, highlighting the government's failure to provide justice in the case.

This review paper examines whether the government should issue bail to criminals and implement reform measures, as well as the goal, intention, and mode of operation. 19

17 Bharatiya Nagarik Suraksha Sanhita, § 2, cl. C, No. 46 of 2023, Acts of Parliament, 2023 (India).

18 Brian R. Johnson & Ruth S. Stevens, The Regulation and Control of Bail Recovery Agents: An Exploratory Study, 38 Crim. Just. Rev. 81, 190-206 (2013). 19 Agarwal, A.K., Freedom of Speech and Expression Threatened in India: Recent Events, Indian Institute of Management Ahmedabad (2012).

BAIL TO AVOID ARREST AND DETENTION:

The term ‘bail’ was not defined in the Indian Code of Criminal Procedure until the enactment of “Bharatiya Nagarik Suraksha Sanhita, 2023. 20 Section 2(I)(b) of BNSS defines bail as “release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond. ” The bail system fulfils the state’s responsibility to protect Indian residents from criminal activity. The fundamental concept of criminal law is that a person can only be punished or convicted if they are proven guilty. The bail form requires a surety bond to ensure the accused’s appearance at trial. When granting bail, the court must ensure that the accused is present for the trial and does not interfere with the criminal justice process.

The court is responsible for managing the accused and ensuring they follow bail terms. In India’s accusatorial system, bail is a unique treatment that allows a defendant to remain out of jail until the court declares them guilty. In India, bail or discharge on individual recognition is available for non-bailable offences punishable with life imprisonment or death, as well as for minors and women (Bhadra & Sinha, 2020). The term ‘bail’ refers to releasing an accused person from punitive and restrictive pre-trial incarceration. According to Budhwar and Baruch (2003), the “Second Body of the Law” (Corpus Juris Secundum) defines bail as providing security for an arrested person’s appearance at a designated location and time to present their case to the court.

INADEQUATE LEGAL STRUCTURE AND DELAYS IN TRIAL:

Combating organised crime presents significant challenges. India lacks a unique law to combat and control organised crime. Conspiracy laws and particular Acts apply to organised and wellplanned crimes that continue to occur. Current laws target individuals and illicit enterprises, but do not address the control and management of criminal groups. Conspiracies are often planned and carried out in secret, making it difficult to prove their crimes in court. If a person joins an armed robbery, theft, or criminal group that is punishable under the criminal laws, they are considered a member of a criminal gang. However, there is no explicit law governing such groupings. According to Roshan Kishore, the primary goal of organised criminals is to obtain money through violence against government officials and politicians.

It’s crucial to criminalise being a member or accomplice of a criminal group, as it can be challenging to take away their

20 Bharatiya Nyaya Sanhita, No. 45 of 2023, Acts of Parliament, 2023 (India).

ill-gotten wealth. India lacks a cohesive law on this subject. 21 Indian procedural laws are insufficient to address and regulate organised crime. These criminal procedures fall. According to section 201 of the Bharatiya Nyaya Sanhita 22, police must impose a charge sheet within 90 days of detention. Otherwise, the accused may be released on bond. When a member of an organised crime organisation is apprehended, charging them can be hard due to interstate and international repercussions. The complex nature of the system makes it difficult to undertake a thorough analysis and inquiry within the required time frame. In most cases, incomplete investigations lead to invalid charge-sheets. Organised crime gang cases generally result in acquittals. The bail system and related rules are quite flexible, falling under BNSS sections 480-483.

In 1970, the Supreme Court established ‘bail, not jail’ as a core guideline. This judicial method boosted criminal activity and syndicates, making it difficult for law enforcement to curb crimes. Furthermore, BNSS section 482 allows for anticipatory bail for people who commit severe offences. Wealthy individuals and politicians abused this provision. 23

ANALYSIS, INTERPRETATION, AND IMPLICATIONS OF BAIL AND REFORM:

Confessions made in front of a police officer or while in detention are not admissible under the Bharatiya Sakshya Adhiniyam, section 2324. However, confessions made in front of an Income Tax or Custom Officer are lawful. Obtaining eyewitness evidence in criminal conspiracy trials can be challenging for law enforcement. The investigating section officers gather circumstantial, documentary, and oral evidence during court proceedings. Forensic science now plays a crucial part in resolving criminal activities through rapid technological advancements. The suspect or accused is not legally required to produce blood samples, pictures, fingerprints, handwriting, and other bodily samples to the investigating officer, even after a court order. Legal gaps often result in the loss of key evidence and cases.

The survey found that court proceedings in Korea, Japan, the UK, and the USA take an average of roughly three months, which is significantly longer than in other nations. This is a major factor contributing to the 21 Renu Dhawan, Crime Against Woman: An Overview, Culture, Society and Law, 4 (J. Soc. Leg. Stud. ) 69–75 (2017).

22 Bharatiya Nyaya Sanhita, § 201, No. 45 of 2023, Acts of Parliament, 2023 (India).

23 Vajiram & Ravi, Crime in India Report, (Aug. 25, 2024, 11:37 AM),

https://vajiramias.com/currentaffairs/crime-in-india-report2017/5dafcad91d5def7e1a77d922/.

24 Bharatiya Sakshya Adhiniyam, § 23, No. 47 of 2023, Acts of Parliament, 2023 (India).

low conviction rate.25

BAIL TREND IN DISTRICT AND HIGH COURTS:

The trial and High Court’s bail judgements differ significantly. In most situations, the High Court accepts bail after the lower court refuses it. The trial court dismisses the bail petition and other applications without providing any judicial opinion. Although, each case of a crime is unique, the ruling dismissing the bail petition is usually always the same. It states that the offence is serious and not appropriate for granting bail. The trial court refuses bail pleas in circumstances when the offence is not first created, preventing the prisoner from being convicted even if police records are accepted. In contrast, the High Court and Supreme Court prioritise compassionate bail decisions based on specific circumstances.

Despite receiving legal advice from the High judge and Supreme Court, the trial judge dismissed the bail application based on their own interpretation of the circumstances. High Court issued a bail ruling without comment, stating that they believe it is acceptable to give bail. This leaves the situation totally to judicial discretion. Despite having constitutional rights, the accused must wait 90 days to produce the charge sheet for the bail petition, followed by a one to two month wait for a hearing in the High Court. In its 154th report26, the Law Commission of India reviewed the arrest method and agreed with the National Police Commission’s third report that most arrests were for minor offences and not necessary for crime prevention.

The National Police Commission recommends justifying arrests during investigations of serious crimes, such as murder, robbery, and rape, if it is necessary to instill confidence in victims of terrorism. 27 Over 60% of arrests are unnecessary, and 42. 3 percent of prison expenses are due to such arrests. 28 The Supreme Court of India ruled in Jogindar v State of Uttar Pradesh29 that the power of arrest should not be used morally. The Supreme Court ruled that arrests should only be made after a reasonable belief in the complainant’s goodwill and an investigation into the cause for the arrest. The Code of Criminal Procedure (Amendment) Act,

25 Vajiram & Ravi, Crime in India Report, (Aug. 26, 2024, 1:24 PM),

https://vajiramias.com/currentaffairs/crime-in-india-report2017/5dafcad91d5def7e1a77d922/

26 Law Commission Report 154, Vol. 2, Law Com. No. 101-169 (India).

27 McCoy v. United States, 123 App. D.C. 8.

28 Hans Kumar, A Critical Study of Bail Trends in India, (2020).

29 Joginder v. State of Uttar Pradesh, AIR 1994 SC 1349.

2008 (5 of 2009) formalised the concepts established in the Joginder Kumar case. Section 35

of the Bharatiya Nagarik Suraksha Sanhita, 202330 was revised to limit arrests for cognizable offences with a seven-year sentence or less. The amendment requires police officers to document their reasons for making an arrest or not. Arresting without a warrant requires a ‘probabilistic’ compatibility test. The officer’s decision is based on reasonable and credible information. The Indian Constitution prioritises protecting life and liberty. Article 21 of the Indian Constitution conflicts with bail rules in Bharatiya Nagarik Suraksha Sanhita sections 480-483. Bail is commonly used in criminal proceedings, with judicial custody being the exception. The law of bail has been questioned due to differing judicial approaches across the country’s top and trial courts. The trial courts and Supreme Court’s bail orders demonstrate a clear distinction between constitutional provisions and bail law.

31 According to the Supreme Court, there is no offence in criminal law where bail cannot be granted. However, the trial court’s position has been established as one that can sentence but not give bail. The trial judge questions his counsel on the inability to issue bail during the court sentencing. This situation for female convicts in the district jail raises concerns. Why do trial courts follow the opposite approach in circumstances where the Supreme Court and High Court can issue bail? The trial court routinely denies bail applications for both men and women. The High Court of India’s decision to reject the minister’s bail application sparks controversy. The supremacy of constitutional law and the order of mechanically refused bail are under dispute. A thorough analysis of bail legislation in the Supreme, High, and Trial Courts reveals distinct judicial approaches at each level.

The Supreme Court and High Court provide bail orders under Article 21 of the Constitution. However, the trial court dismisses the mechanised deposition petition, citing the case’s circumstances and seriousness of the offence. The trial court dismisses bail pleas, including women’s bail petitions, without providing a judicial opinion. 32 While each crime is unique, the dismissal decision for bail petitions is nearly same and prepared mechanically. A writ court refuses bail petitions for significant offences, even if the offence

30 Bharatiya Nagarik Suraksha Sanhita, § 35, No. 46 of 2023, Acts of Parliament, 2023 (India).

31 Hans, supra note 26, at 23.

32 Dr Ritu Sharma, Right to Bail and Reform (a Mockery of the System) who gets Bail and who are Deprived, 150-154 (2020).

was not initially established or police papers were accepted. Even the accused cannot be sentenced. In bail-related cases, the Supreme Court uses a different legal approach than subordinate courts. Despite being notified of the High Court’s legal approach to the trial court, the learned judicial officer describes the facts of the case differently, dismissing the bail application automatically. However, when the matter reaches the High Court, it does not respond and instead states in the bail ruling that it appears reasonable to grant bail. This leaves the situation totally to judicial discretion. The cost of the discrepancy in judicial discretion is borne by the public. In Magistrate Court cases, the offender must seek bail from the High Court and serve three to four months in judicial detention.

Despite having the constitutional right, the accused must wait 90 days to produce the charge sheet for hearing the bail plea, followed by a one to two month wait for the hearing in the High Court. 33 The amount of pending bail requests in the High Court reflects the dire situation. The daily rate of bail petitions differs significantly from the rate of remedy in the High Court. The trial court typically rejects bail pleas, while the High Court approves them based on merit defects, with lawyers playing a secondary part in the argument. This position provides significant financial opportunities for lawyers practicing in the High Court.

CRITICISM OF BAIL BASED ON MONEY:

Critics argue that the bail system still discriminates against low-income individuals because to its reliance on money, despite recent revisions in penal legislation. Individual with financial stability can simply purchase their freedom, while others with financial difficulties may remain in prison due to a lack of access to funds. The ability to pay is the sole criterion in determining who is released and who remains in prison. This method’s inherent impropriety calls into doubt its practicality. The Supreme Court’s decision in Rudal Shah v. State of Bihar34 highlights the worst example of state executive indifference towards underprivileged people. He was released from prison after 14 years, on October 16, 1982, despite being exonerated of all charges by the competent criminal court on June 3, 1968.

As we know that recently former Chief Minister of Delhi, Arvind Kejriwal got bail after just two months of jail over so many serious offences, but the question here is not about whether he got bail or not but about on what terms he got the

33 Id. at 26.

34 Rudal Shah v. State of Bihar, AIR 1983 SC 1086.

bail. Former chief minister paid 10 lakh rupees of “bail-bond” along with two different securities of the like amount.

SUGGESTIONS:

A significant problem in the current bail system in BNSS is how easily individuals accused of

serious crimes like organized crime and sexual violence are able to obtain bail under the current regulations. Establishing specialized bail courts at both regional and national levels could be advantageous for BNSS. These courts would specifically deal with instances of sexual violence and organized crime, ensuring that only these types of cases would be heard. The possibility of committing another crime is regarded with greater severity. Individuals with a prior criminal record, especially those who have committed multiple offenses, will encounter more stringent bail conditions. Ensuring the safety of victims and the public takes precedence, with bail granted only under strict safety protocols. Consideration of the accused’s financial and political power would be taken into account when making decisions to ensure they cannot use their influence to avoid facing consequences.

One major problem in BNSS’s existing legal structure is the lack of clear instructions on bail for organized crime. New legal regulations created specifically for organized crime groups would enhance the system. The updated structure must contain:

1. Accused individuals must provide in-depth financial details when applying for bail to

avoid the misuse of illicit funds.

2. Limits on pre-arrest bail for individuals participating in organized crime aim to stop

affluent individuals and politicians from avoiding detention. Expediting court proceedings for cases of organized crime and sexual violence to avoid extended misuse of bail regulations. Last suggestion can be that in BNSS, there is a possibility of reforming the bail system by incorporating victim-focused bail hearings. These proceedings would allow victims or their

lawyers to provide evidence about the dangers presented by the accused. Judges must take into account the overall health, both physical and mental, of victims when determining bail.

CONCLUSION:

Article 21 highlights the importance of personal liberty in our constitutional structure. Deprivation of human liberty must be justified by substantial factors related to societal benefit, as outlined in the Constitution. Despite the law of the land and the honourable Despite attempts by higher courts to intervene and establish guidelines, no action was taken. A comprehensive revision of the bail system is necessary, taking into account the socioeconomic status of the majority of our population. Article 2135 of our constitution emphasises the value of personal liberty. Deprivation of human liberty must be justified by significant factors related to societal welfare objectives outlined in the Constitution. Despite efforts by the law and higher courts to intervene and establish guidelines, no action has been taken.

A comprehensive examination of the bail system is necessary, taking into account the socioeconomic status of the majority of the people. When granting bail, the court should consider the accused’s socioeconomic situation and show sympathy. To prevent the accused from fleeing the court, it may be necessary to conduct a thorough investigation into their community ties. The Law Commission of India, 268th report emphasises the need for effective measures to improve the treatment of arrested individuals in order for the criminal justice system to be perceived as fair and equitable. The Commission confirms that the rich and renowned receive preferential treatment, while the impoverished face persecution. The court’s attitude to bail is based on the facts and circumstances of the case, as evidenced by statute provisions and case law.

In India, 67% of the prison population is now awaiting trial. 36 Inconsistent bail systems contribute to jail congestion and issues for prison administrations and the state. The powerful, wealthy, and prominent are often granted quick and easy bail, while the impoverished remain imprisoned. 37 The bail system sometimes relies on brokers or professional titans to give bail or pay for pre-trial imprisonment, which is detrimental to the poor. The trial court’s opinion on bail differs from that of the High Court. Trial courts often deny bail. Consequently, the accused must seek bail from both the High Court and the Supreme Court.

35 INDIA CONST. art. 21

36 268th Law Commission Report (India).

37 Jai JR, Bail Law and Procedures, 6th ed. (Universal Law Publishing, 2015).

Incorrect bail handling has resulted in a high number of prisoners awaiting trial. The trial courts and Supreme Court’s bail orders demonstrate a clear distinction between constitutional provisions and bail laws. According to the Supreme Court, there are no offences in the Criminal Law that prevent bail from being granted. However, the trial court’s status has been established by a court that can sentence but not give bail. Consequently, the accused must seek bail from both the High Court and the Supreme Court. 38 In circumstances when the Supreme Court or High Court can grant bail, the trial court takes the opposite approach. A thorough analysis of bail law in the Supreme Court, High Court, and Court of Judgement reveals varying judicial approaches at each level.

“Bail is an essential part of criminal justice system and recognition of this is beneficiary for accused, administration and the court. By giving bail we will auspices the basic spirit of the Indian constitution and the rights of the people. ”

38 Hans, supra note 26, at 25.