Bail, conditions, breach, revocation, means rea and presumption

The general principles for setting bail, which restrain how bail conditions are set. As the default position is bail without conditions, the first issue is whether a need for any condition has been demonstrated. Restraint and the ladder principle require anyone proposing to add bail conditions to consider if any of the risks are at issue.

Legislative and Legal changes to the US federal bail system

This list cannot detail every event that has altered the manner in which bail has changed. Instead, the focus of this timeline provides evidence that governmental actors must maintain high levels of accountability and transparency through reliance on evidence-based practice. Additionally, this list is meant to emphasize the democratic tradition in which various, committed actors work diligently and continually to enhance the ideals of life, liberty, the pursuit of happiness, and due process that are central to democracy.

Prosecution fails to explain injuries of accused, this lacuna entitles to bail-Allahabad HC-3/9/2020

It is, therefore, incumbent upon the prosecution to explain the injuries on the person of the accused as well and prima facie this lacuna or infirmity appearing in the prosecution case, entitles the applicants to be enlarged on bail. However, there may be cases where the non-explanation of the injuries by the prosecution may not affect the prosecution case but that would apply to cases where the injuries sustained by the accused are minor and superficial.

Negation of bail is the rule and its grant an exception u/s 37(1)of NDPS Act- Explain

Very recently, in the matter of State of Kerala Etc. v. Rajesh Etc.[AIR 2020 SC 721], their Lordships of the Supreme Court followed the principles of law laid down in Ram Samujh's case (supra) and clearly held that Section 37 of the NDPS Act commences with non-obstante clause and the conditions enumerated in Section 37(1)(b) have to be complied before admitting the accused on bail of the aforesaid offence under the Act in case of commercial quantity.

Show the limitations for granting bail for an offence u/s 20(b)(ii)(C)of the NDPS Act?

The law of bails, like any other branch of law, has its own philosophy, and occupies an important place in the administration of justice and the concept of bail emerges from the conflict between the police power to restrict the liberty of a man who is alleged to have committed a crime and the presumption of innocence in favour of the alleged criminal.

Bail Act 1976

An Act to make provision in relation to bail in or in connection with criminal proceedings in England and Wales, to make it an offence to agree to indemnify sureties in criminal proceedings, to make provision for legal aid limited to questions of bail in certain cases and for legal aid for persons kept in custody for inquiries or reports, to extend the powers of coroners to grant bail and for connected purposes.

Naresh Das vs State of Tripura- Bail Guidelines by Tripura High Court-2015

However, the primary purpose of keeping a person under detention and not granting him bail is not to punish him because punishment can be inflicted only after he is convicted but to ensure that investigation is proper; that the prosecution evidence shall not be tampered with; that the accused shall not try to influence the witnesses; that the trial shall not be unduly delayed and other similar reasons.

Vikas Dubey vs State Of U.P-21/07/2010

Let the applicant Vikas Dubey involved in Case Crime No. 101 of 2010, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. New Agra, District Agra be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions

Gangster Vikas Dubey was granted bail on 28/05/2020 by Allahabad High Court

In the event of arrest the applicant shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions

Abdul Rehman and Others Vs K.M. Anees-ul-Haq-14/11/2011

Penal Code, 1860—Sections 211 and 500—Criminal Procedure Code, 1973—Sections 195, 340 and 439—Bail proceedings are judicial proceedings—Any offence punishable under Section 211, IPC could be taken cognizance of only at instance of court in relation to whose proceedings same was committed or who finally dealt with that case—Bar contained in Section 195, Cr.P.C. was clearly attracted to complaint filed by respondent—Impugned orders quashed.

Bail Matters

Law connected with granting , denying and cancellation of Bail in connection with criminal offence

Jack Sebastian Shepherd -v- The Queen – 20/6/ 2019

COURT OF APPEAL (CRIMINAL DIVISION)-The states from whom extradition is sought will recognise that breach of bail is a separate matter in the UK. With an explanation of the way in which breach will be considered by the court and on the basis that punishing those who fail to answer bail is a necessary component of an effective criminal justice system which releases most of those charged with crime rather than requiring their detention in custody. In every case the consent of the state from which extradition is sought should unequivocally be requested with an explanation of why this is necessary. If, in those circumstances, criminal proceedings have to be commenced, it should not be impracticable to start such proceedings at the time that extradition is sought.