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The right to liberty is the natural right and also the fundamental right of an individual. However, a person has to respect the rights of others recognized by law like the inviolability of their body and their property. When a person is reasonably suspected to have committed an offence the machinery of law is set in motion to arrest him and to bring him to trial and punish him if found guilty. The act of arrest deprives a man of his liberty. Bail sets him free on securing his promise to take trial at a future date and to undergo punishment if found guilty.
The concept of bail flows from the right to liberty which is sanctified as one of the fundamental rights in the Constitution of India in Article 211 and its practice prescribed in Article22(2) as a working theorem and its corollaries in the provisions of Sections 436, 437 and 439 of the Code of Criminal Procedure, 1973 with a new multiple of Anticipatory Bail thrown in to be resolved into infinite kindly factors by the developed minds of judges imagining what the true state of facts would have been to balance for the time being the agonies of the supposed wrong-doer and the wronged.
Law Commission of India in its 41streport recommended incorporating a provision for Anticipatory Bail. Section 438 of Criminal Procedure Code dealt with the Anticipatory Bail. This provision allows a person to seek bail in anticipation of an arrest on accusation of non-bail able offence having committed by him. It is a direction to release a person on bail, issued even before the person is arrested. In this I will be dealing with Anticipatory Bail; Application for Anticipatory Bail; Application Seeking Grant of Bail; Arrest; Pre-Arrest Bail; Protection of Anticipatory Bail; Refusal to Bail; Resale on Bail; Scope of Sections 167 and 438 and further the article concentrates on the power of misusing anticipatory bail and its suggestions given by the government and scholarly members.
Introduction
Bail means temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court. In other words release or secure the release of a prisoner on payment of bail. It may be defined as Security. Such as cash, a bond, or property, pledged or given to a court by or on behalf of one accused of committing a crime, to obtain release from incarceration and to ensure the person's future appearance in court when required during the criminal proceeding. Bail is money or some property that is deposited or pledged to a court, in order to secure the release from custody or jail of a suspect who has been arrested, with the understanding that the suspect will return for their trial and required court appearances. From the above, to conclude what bail is, as a concept in law, means an accused is granted release from custody fro officers of the law (the police) and into the custody of a person that is normally known to the accused as sureties.
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