The Aryavarth Express
Agency(Allahabad): The Allahabad High Court has recently delineated the boundaries of the legal principle “Bail is the rule, and Jail is an exception,” highlighting specific circumstances that warrant an exception to this rule. Justice Krishan Pahal emphasized that exceptions to granting bail could include risks of the accused fleeing, endangering the community, tampering with evidence, or committing further offenses.
This clarification came as the court considered a bail application from Bharat Singh, accused in a murder case and detained since October 2018. Singh’s appeal for bail was based on the length of his incarceration, exceeding five years. However, the state’s counsel presented a compelling case against the bail, noting Singh’s conviction in another murder case, attempts to forge his age for early release, and his extensive criminal history with 29 cases and multiple convictions, one upheld by the Supreme Court.
The court expressed concern over the misuse of legal procedures by hardened criminals to evade justice, which undermines public trust in the criminal justice system. It pointed out that technicalities and legal loopholes could allow such individuals to escape deserved punishment, thus perpetuating crime and eroding societal faith in legal protections and justice.
In rejecting Singh’s bail application, the court underlined his previous conviction for the murder of the brother of one of the victims in the current case, which served as the motive. Given Singh’s long history of criminal behavior and previous convictions, the court determined that his case falls within the exceptions to the “Bail is the rule, Jail is an exception” principle, thereby justifying continued detention to ensure public safety and uphold the integrity of the judicial process.
This decision emphasizes the judiciary’s cautious approach towards granting bail, especially to individuals with significant criminal backgrounds, ensuring that the principle of bail does not compromise public security or the pursuit of justice.
