Just because a person is accused of an offence, it is not expected to keep the person in custody for an endless period i.e. end of the trail, when most of the cases end in acquittal.

And since the accused is presumed to be innocent unless proved guilty beyond reasonable doubt, it is against the Constitutional right to life and personal liberty as enshrined in Article 21 of the constitution of India to keep an accused in custody for endless period.

In Babua @ Tazmul Hossain V. State of Orissa, Hon’ble Supreme Court of India has held that:-

“It is well settled that pre-trail detention is not to be restored to as a measure of punishment. The mere fact that the case prime facie involves a serious crime is not by itself conclusive.

Deprivation of liberty by refusing to grant bail is not as a measure of punishment or for the punitive purpose, but for the interests of justice to the individual concerned and to the society affected.”

Also when Bail is a rule and jail as an exception, the accused should be given the benefit of bail to properly defend his case, unless the courts have a reason to believe that the accused will not stand at his trail or it is not in the interest of the society to grant bail as such.

What is Bail?

Release of an accused person, on his furnishing a personal bond or surety to abide by the conditions imposed by the court and stand his trail before the court.


The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it can be required to ensure that an accused person will stand his trial when called upon.

Accused fundamental right to life and personal liberty is not violated and he should get to defend his case properly while he is on bail.

“Personal liberty is a very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.”

Two Types of Offences

Bailable Offences

The Code of Criminal Procedure Code, 1973 defines the offences as bailable in the First Schedule or made bailable by any other law.

Bailable offences are one, in which the Bail is granted as a matter of right on accused furnishing personal bond or surety. 

Non-Bailable Offences

Offences other than bailable are considered to be non-bailable, and bail in non- bailable offences is not granted as a matter of right, rather as a judicial discretion of the court.

The Indian Penal Code, 1960 offences are specifically shown to be bailable or non-bailable in Part I of Schedule I of the Code of Criminal Procedure, 1973.