Bail Jurisprudence in India and Abuse of Criminal Process

Bail occupies a central and often contentious place within the Indian criminal justice system. Rooted in the tension between an individual's right to personal liberty and society's legitimate interest in public safety, the law of bail has evolved considerably through legislative enactments and judicial interpretation. This paper examines the conceptual foundations, statutory framework, and judicial approach to bail in India, with particular emphasis on the constitutional guarantees enshrined in Articles 21 and 22, the classification of bailable and non-bailable offences under the Code of Criminal Procedure, 1973 (Cr.P.C.), and the doctrine of anticipatory bail under Section 438.