A STUDY RELATING TO BAIL.

In a primitive society one can briefly conceive of right to bail but in civilized society bail has become the rule. It is indisputable that the law of bails occupies an important place in administration of justice and is now a very valuable branch of the law of procedure. All the countries of the world including India are focusing on protection of Human Rights of the people and all Human Rights instruments are specifically focused on protection, prevention and promotion of the welfare of the people including accused and right to bail is one of the fundamental rights of an accused. Right to bail has become the cumbersome, for want of bail under trial prisoners lying in prisoner for want of bail. The procedural mechanism relating to imposition of condition in bail creates confusion between the object of the law of bail and the procedure adopted in practice. In most of the cases of preventive detention, the right to bail is denied which violates the fundamental human right of personal liberty of suspects and also violates the legal norm: Presumption of Innocence until Guilt is proved. In deeply rooted corruption in investigation machinery, this causes massive and brutal violation of human rights of an accused person. The justice is expected to be delivered without any fear or favour. So, this discretion is granting or refusing the bail should be exercised without any fear and favour. If the judges are passing order for some considerations, it will not be fair justice. If the custody is granted under any sort of influence then it will be depriving the constitutional right of the person arrested. Now, in the verge of modernization and globalization, most of the countries of the world are focusing on the reformative aspects in dealing with the treatment of prisoners, in such a condition denial of bail is nothing but the denial of the fundamental right of the accused person.