Bail of India as per Article 19

Bail can be claimed as of right by an accused person in all bailable offences as provided by the Code of Criminal Procedure. The grant of bail to a person accused of a non-bailable offence is discretionary under Section 437 of the Code. Personal liberty is too precious a value of our constitutional system recognized under Article 21 of the Constitution. The Courts have to zealously guard it against any onslaught from any quarter. Detention or arrest before judgment is permitted in the Code of Criminal Procedure not as punishment for the offence alleged but only to ensure the immediate availability of the accused for the necessary processes of investigation and to secure his attendance at the trial. Bail means security with sureties.

The Code of Criminal Procedure provided the provisions to release the accused on bail except in cases of hideous offences where the refusal of release on bail is fair, just and reasonable. It appears that the release on bail is to protect and effectuate the right to life and liberty of the citizens guaranteed by Article 21 of the Constitution. They can also have the right to move freely throughout the territory of India as per Article 19 of the Constitution when they are granted release on bail without conditions.

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