Bail: Considerations And Imposition Of Conditions

INTRODUCTION

Every citizen of India has a fundamental right to freedom guaranteed under Article 21 of the Indian Constitution, which specifically states, "No person shall be deprived of his life or personal liberty except according to procedure established by law." Any individual, who violates the law of the land, is bound to face consequences as per the law and in such a case, his freedom may be restricted depending upon the gravity of offence as such committed. Every accused who has been frivolously charged with the allegations of a non-bailable offence is not only entitled to a good defense but also to be released on bail, by the Court upon taking into various factors such as nature or seriousness of the offence, the character of the evidence, circumstances which are peculiar to the accused, reasonable apprehension of the witnesses being tampered with, the larger interests of the public or the state and similar other factors. It is the solemn duty of the Court to