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Topic : Bail is the Rule, Jail is the Exception

GS-3 Mains  : Economy

Core Principle

Bail is the rule, and jail is the exception, even in cases under special laws like UAPA. Serious allegations do not automatically disqualify someone from bail. Denying bail in appropriate cases is a violation of Article 21 (right to life and personal liberty).

Types of Bail

• Regular Bail: Under CrPC sections 437, 439 for accused persons in custody. Evaluates risk of absconding, tampering with evidence, influencing witnesses, and the gravity of the offense.
• Interim Bail: Temporary bail pending the decision on a regular or anticipatory bail application.
• Anticipatory Bail: Under CrPC section 438, before arrest for non-bailable offenses.

Presumption of Innocence

Accused is presumed innocent until proven guilty. Bail is common during investigation and trial.

Exceptions

Stricter bail conditions under UAPA, Narcotic Drugs and Psychotropic Substances Act, Prevention of Money Laundering Act. CrPC sections 436 (bailable offenses), 437 (non-bailable offenses) reflect bail as the rule.

Judicial Pronouncements

Supreme Court emphasizes bail as the rule, jail as the exception. State of Rajasthan v. Balchand: Accused should not be detained unnecessarily. Prolonged pre-trial detention violates personal liberty. Need for speedy trials, warning against misuse of bail.

Challenges

Overcrowding in jails due to undertrials. Judicial discretion may lead to inconsistencies. Lack of legal representation affects access to bail.

Conclusion

Bail upholds principles of justice and liberty. Balances individual liberty with court appearance and public safety. Requires continuous reform and judicial oversight. Grant of bail should be based on facts, not public sentiment. Judicial bail orders should be reasoned.