Published on : 26 Sep 2025, 3:20 pm 5 min read

Bail with excessive conditions is no bail . To impose excessive and onerous bail conditions is to take away with the left hand what is given with the right.

The institution of bail, which serves as the procedural safeguard for personal liberty, finds its constitutional anchor in Articles 14 , 19 and 21 of the Constitution of India. Yet, the promise of ‘bail as rule, jail as exception’ rings hollow when courts transform the conditions of release into instruments of premature punishment.

A series of disturbing instances has emerged across the Indian judiciary where courts have effectively confused the purpose of pre-trial detention with post-conviction sentencing. While this judicial overreach manifests in various forms like co

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