Tushar Goenka, Indian Institute of Management, Rohtak
CHAPTER 1DESIGN OF THE STUDY
1.1 ABSTRACT
"Bail means 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.”1 Bail, in legal terms refers to the process of securing the release of an individual who is awaiting trial. Bail follows the idea that people are considered innocent until proven guilty. It allows individuals to stay free while waiting for their trial instead of being automatically kept in custody. “The Supreme Court views bail as a blend of two essential human principles: the individual's right to freedom and the consideration of public welfare. However, a crucial condition is that the accused must be present for the trial proceedings”.2 The current bail system in India is criticized as harsh and inhumane. The practice of placing individuals in police custody is considered outdated and extremely distressing. Minorities, in particular, often face the negative effects of these questionable legal practices. “Bail is the rule and the jail is exception”.3 People are often arrested on various charges. The key question for the Indian criminal justice system is whether bail truly serves as a crucial support for those accused of crimes. While everyone is considered innocent until proven guilty, the burden of proving guilt falls on the accuser, not the one being accused. This means the prosecution must present strong evidence to prove the accused's guilt. The fundamental principle is that every person has the right to freedom unless they are proven to have committed a specific offense in a court of law.
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