INTRODUCTION
The question of whether an improper or irregular arrest
automatically entitles an accused to bail has been the subject of
considerable judicial scrutiny. This issue has gained renewed
significance with the enactment of the Bharatiya Nagarik Suraksha
Sanhita, 2023 ("BNSS"),
particularly Section 483, which governs the grant of bail. While
the Constitution of India and various statutory provisions lay down
procedural safeguards to protect the liberty of individuals, the
law also seeks to ensure that criminal investigations are not
impeded by mere technicalities. Courts have consistently struck a
delicate balance between safeguarding individual rights and
preserving the integrity of criminal investigations. The
jurisprudence that has emerged affirms that procedural
irregularities in arrest, such as non-compliance with procedure, do
not, by themselves, constitute a standalone ground for grant of
bail. Rather, the decision to grant bail must be grounded in
