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“Bail: A General Rule, Jail: An Exception” An Analysis




Mahak Jain, Law College Dehradun, Uttaranchal University & Mr Abhiranjan Dixit, Assistant Professor, Law College Dehradun, Uttaranchal University

ABSTRACT

Bail is releasing a person, on personal bond, making sure such person’s presence in the court whenever necessary and also making sure that such person complies with the conditions imposed by the court. Bail is balancing the liberty of the person accused and protecting society from any harm. Bail has not been defined statutorily but there are provisions in CrPC which deal with the concept of bail. If bail is the general rule, jail an exception, the accused should be granted bail unless the court thinks otherwise. Just because a person is accused does not mean he needs to be detained for an unreasonable period. The bail system needs to be reviewed while keeping in mind the socio-economic conditions of the majority population as one of the major problems faced by the people is the amount of bail bond set by the court.

Keywords: Bail, Bond, Release, Anticipatory, Under-trials

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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