Grounds on which bail is usually granted or rejected

Grounds on Which Bail Is Usually Granted or Rejected

Bail decisions in criminal cases are guided by well-established judicial principles. While personal liberty is a fundamental right, it must be balanced against the interests of justice, fair investigation, and public safety.

Courts do not decide bail applications mechanically. Each case is assessed on its own facts, keeping in view statutory provisions and judicial precedents.

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Bail is usually granted when the court is satisfied that the accused is not likely to abscond, tamper with evidence, or influence witnesses, and when continued detention is not necessary for investigation.

In bailable offences, bail is a matter of right. In non-bailable offences, the decision rests on judicial discretion exercised on settled legal principles.

1. Nature of Offence and seriousness of allegations.
2. Role of the Accused in the alleged crime.
3. Stage of Investigation and requirement of custody.

Courts also consider the criminal antecedents of the accused. A first-time offender with strong community ties is generally viewed differently from a repeat or habitual offender.

Bail is the rule, and jail is the exception, subject to judicial safeguards.

• Likelihood of Absconding is a key consideration.
• Possibility of Witness Influence may lead to rejection.
• Public Interest is weighed in serious offences.

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• Seriousness of Punishment on conviction.
• Conduct of the Accused before and after arrest.
• Delay in Trial may favour grant of bail.

Common grounds for rejection of bail

Bail is commonly rejected where the court finds a reasonable apprehension that the accused may misuse liberty, evade the trial, or obstruct the course of justice.

Serious offences involving grave societal impact such as murder, rape, or offences punishable with death or life imprisonment are examined with greater caution.

Ultimately, bail decisions reflect a balance between the presumption of innocence and the need to ensure that justice is not compromised.