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.
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.
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.
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.
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.
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.
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.
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
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
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.
How bail application of different accused persons in same crime number of a Police Station will be listed before Hon’ble Court under the new scheme? Bail applications filed by different accused persons in the same crime number registered at the…
Bail granted - In the matter of: Riday @ Hriday Ghosh @ Ridoy - The accused was not named in the first information report and as co-accused persons are on regular bail/anticipatory bail, we are inclined to grant bail to the petitioner.