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  • #125454
    advtanmoy
    Keymaster

    “Bail” remains an undefined term in Code of Criminal Procedure. Nowhere else has the term been statutorily defined. Conceptually, it continues to be understood as a right for assertion of freedom against the State imposing restraints. Since the UN Declaration of Human Rights of 1948, to which India is a signatory, the concept of bail has found a place within the scope of human rights. The dictionary meaning of the expression “bail” denotes a security for appearance of a prisoner for his release. Etymologically, the word is derived from an old French verb “bailer” which means to “give” or “to deliver”, although another view is that its derivation is from the Latin term “baiulare”, meaning “to bear a burden”. Bail is a conditional liberty. Stroud’s Judicial Dictionary (4th Edn., 1971) spells out certain other details.

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    #125457
    advtanmoy
    Keymaster

    Bail

    In India, bail is granted by the Supreme Court or High Courts in accordance with the Code of Criminal Procedure. Generally, bail is granted to an accused person if they are not considered to be a flight risk or a danger to the public. The court may also consider factors such as the nature and seriousness of the offence, the character and standing of the accused, and the likelihood of the accused committing similar offences if released on bail. The court may also take into consideration whether the accused has adequate means to pay the bail amount and whether they are likely to appear in court when required. In cases where bail is granted, the court may impose certain conditions such as ensuring the presence of the accused in court or not leaving the jurisdiction of the court without permission.
     

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