BAIL NOT JAIL IS JUDICIAL TREND

In the Sunil Fulchand v. Unionof India case, the Supreme Court introduced the idea of bail. In criminal law, bail is well-understood, and the Criminal Procedure Code of 1973 has extensive bail provisions. A person is granted bail if they have been arrested for an offense for which they are not eligible for bail, or if they have been found guilty following a trial. When the accused is granted bail, the court maintains its constructive contract rights based on the terms of the bond it secured from him, releasing the accused from custody. 

- OPINION PRACHI GUPTA

It is crucial to keep in mind that the legislature has evaluated the strength of the prosecution's case against the accused as well as the prosecution's capacity to offer prima facie evidence in support of the accusation when determining whether or not to issue bail. It is not expected that the evidence will establish the accused's guilt beyond a reasonable doubt at this time. When using judicial discretion, consideration for human and just factors should be given.

It should be excluded that bail should not be given in certain cases of severe, horrible, and inhumane crimes, in addition to the democratic ideal of liberty.

The authority to set bail in a bail application shall be applied in accordance with established guidelines, considering the particulars of each case. When determining whether to issue bail, several factors must be considered, including the nature of the charge, the evidence supporting it, the accused's prior behaviour and character, and the public's and the state's significant concerns.

However, some prisoners are denied bail because they cannot afford to post the required security, which is a result of their poverty. In situations such as Hussainara Khatoon v. State of Bihar, the legitimate exercise of judicial discretion in granting bail should be based on natural considerations. The trial court found the accused guilty inState of Rajasthan v. Balchand. He was exonerated by the High Court after filing an appeal.