Why bail is necessary

Court rejects Lalu Prasad Yadav’s bail plea in the Fodder scam case, Delhi HC is set to pass an order in bail application of Congress leader P Chidambaram in connection with the INX media money laundering case – You may have heard these statements in the news or other mediums of news. Bail is a temporary release of an accused person awaiting trial, on conditions that a sum of money is paid to get the person out of police custody as guarantee to the fact that he/she will appear in court when summoned.  Bail exists because of the fundamental idea of our justice system that any person is innocent until proven guilty. He has a fundamental right to live his life with dignity and until his guilt is proved beyond suspicion he cannot be detained. Crime, thefts, robbery, assault these are acts which are common to human life, we make mistakes, commits wrongs and face the repercussions to it. But sometimes, an innocent man might also get trapped in the wrong situation, it is not always necessary that the accused person is the true mastermind, sometimes an innocent is pushed to face the music to cover up the dirty tracks of the real mastermind, and this is exactly why we need to give him enough time to prove his innocence. Bail is that time card given to him for proving his innocence. The court of law functions in a fair manner hearing out the arguments of both the sides and then coming to a verdict, a bail provides to him sufficient time to get himself an attorney and prepare his defense to prove innocence. Many times people who have been accused of crimes come out innocent or are convicted of lesser crimes than for which they were actually charged, others might have to wait longer for trial than the sentence which they might be ordered upon by the court, not to mention that keeping prisoners in is a costly affair. Our law makers saw through this and thus made the right to seek bail a constitutional right. Every citizen has a right to seek bail, whether his application is accepted or rejected is another matter altogether, but his right to apply for one, cannot be taken away. The constitution itself has conferred this right to all its citizens and no one can take it away from you as no one is above the law. This might all seem rosy in words or on paper, but the truth is that there is profound injustice in our legal system and we cannot deny the fact that loopholes exist through which perpetrators escape. Those who can afford to pay go home and the poor lot whether innocent or guilty are left to the hands of the police, where they are kept in custody waiting for the backlogged courts to hear their case. There have been so many instances of innocent men detained in prisons for no fault of theirs and it is so long until they are able to the daylight again. We cannot ensure enforcement and transparency, but what we can do is grow up to be aware, aware enough to know our rights and enlighten others who are in dire need of help. Bail is a key which is conferred to us by our constitution and it is necessary that all people are aware about it so to save themselves from the troubles of being ground in court proceedings. No one wants to be wasting away behind bars for no fault of his and that is why it is necessary that they be allowed a chance

Leave a Comment

Your email address will not be published. Required fields are marked *