Author: Amrutha Raj

‎Bail is not merely a procedural concession but a cornerstone of personal liberty under Article 21 of the Indian Constitution. Rooted in the presumption of innocence, the principle “bail not jail” has guided Indian courts for decades. Yet, recent judicial trends, stringent statutes, and misuse of preventive detention laws reflect a worrying departure from this ideal. This article critically examines the legal framework of bail in India, explores landmark judicial pronouncements, evaluates challenges posed by special legislations like UAPA and PMLA, and suggests reforms to revive the fading promise of liberty in Indian democracy.