Dear Friends,
The most powerful tool that the police department currently has is "ARREST". Contrary to general perception, Police in India can arrest an individual without warrant.
Article 21 of Indian Constitution guarantees that life and liberty of a person can not be taken except in accordance with procedure established by law. Since arrest is one of the procedure of law to restrict the liberty of a person, bail is balancing procedure of law to protect the interest of person so arrested or apprehending arrest.
The term 'bail' has not been statutorily defined either in Cr.P.C or in any other statute. Conceptually it is understood as a right for assertion of freedom against state imposing restraints since the UN Declaration of human rights of 1948, to which India is signatory, the concept of bail has found a place within the scope of human rights.
Bail is an absolute right of an Indian Citizen in Non-bailable offences and is not at discretion of the Police. If you can provide the surety, then Police has to release you and can at the most only impose certain conditions on your bail, like reporting to the police Station, Court, good behaviour, etc...
TO READ MORE ALONG WITH RELEVANT SUPREME COURT JUDGEMENTS ON THE SUBJECT OF CITIZEN'S RIGHT WITH RESPECT TO ARREST / BAIL, PLEASE VISIT MY BLOG ON THE BELOW GIVEN LINK
Thanks & Regards
Prashant Uikey
Founder - "IT'S MY RIGHT" Forum: CLICK TO JOIN Striving For Protection & Successful Implementation Of Citizen's Rights
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