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Can An Accused Be Kept In Custody If The Accomplice Or Co-Accused Is Absconding?

Ashish Ranjan Tiwari, Amity Law School, Amity University Kolkata

Anu Kumari, Amity Law School, Amity University Kolkata


Bail is a crucial component of any criminal justice system, as it guarantees the accused individual the right to a fair trial and the preservation of personal liberty. It serves as a mechanism to ensure the accused person's freedom while also safeguarding the interests of society. The concept of bail has evolved to strike a balance between individual rights and the broader societal concerns related to the alleged crime.

The practice of granting bail is rooted in the fundamental right to liberty, which dictates that no person should be deprived of their freedom without a reasonable and just procedure. Bail, as defined in Black's Law Dictionary, refers to the security, such as cash or bond, required by a court for the release of a prisoner who is obligated to appear in court at a later date. The Supreme Court of India has described bail as a technique that synthesizes the right of the accused person to enjoy personal freedom with the public interest, ensuring that release is contingent upon the surety's commitment to produce the accused person in court for trial.

However, the practice of granting bail is often viewed as vague and inconsistent. Factors such as the amount of the bail bond, considerations for granting bail, and the conditions imposed in the bail bond contribute to this perception. The apex court in India has emphasized the need for a case- by-case examination of the facts and circumstances before granting bail.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


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.


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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