Know Your Legal Rights – By Deenis Law Chamber
Bail is a legal right allowing an accused person to be released from custody pending trial. It upholds the principle of “innocent until proven guilty” and safeguards personal liberty under Article 21 of the Constitution.
Granted after arrest, for release during the investigation/trial.
Pre-arrest bail when one anticipates being arrested for a non-bailable offence.
Temporary bail given before the final hearing of a regular/anticipatory bail.
Granted if charge sheet isn’t filed in 60/90 days under CrPC Section 167(2).
Structured bail guidelines; reinforced liberty. Introduced offence categories for bail.
Directed police to avoid unnecessary arrests; introduced mandatory notice under Section 41A CrPC.
Bail should not be denied to punish. Emphasized liberty during long trials.
Default bail is a right, not discretion. Reaffirmed liberty during investigation delays.
| Act | Section | Condition |
|---|---|---|
| NDPS Act | Section 37 | Strict bail conditions for commercial quantity cases. |
| PMLA | Section 45 | Twin conditions must be met to grant bail. |
| UAPA | Section 43D(5) | Bail not granted if prima facie case exists. |