Every citizen of India has a fundamental right to freedom guaranteed under
Article 21 of the Indian Constitution, which specifically states:
No person shall be deprived of his life or personal liberty except according to
procedure established by law.
Any individual, who violates the law of the land, is bound to face consequences
as per the law and in such a case, his freedom may be restricted depending upon
the gravity of offense as such committed.
Every accused who has been frivolously charged with the allegations of a non-bailable
offense is not only entitled to a good defense but also to be released on bail,
by the Court upon taking into various factors such as nature or seriousness of
the offense, the character of the evidence, circumstances which are peculiar to
the accused, reasonable apprehension of the witnesses being tampered with, the
larger interests of the public or the state and similar other factors.
It is the solemn duty of the Court to decide the bail applications at the
earliest by reasoned order, based on the bona fides of the applicant in light of
prevailing facts and circumstances.