ABSTRACT
In India, Article 21 of the Constitution establishes bail as a fundamental right, but its enforcement is governed by the BNSS 2023 and the BNS 2023. The legislation, section 480 of BNSS specifies that release on bail is mandatory, with no discretion granted to the court or police. However, in non-bailable cases, when bail is not a matter of right, the court has the power to grant or deny bail after careful examination of different considerations.
This research paper examines the role of judicial discretion in bail decisions, with a focus on balancing individual rights and public interest. The paper analyses the factors considered by courts when exercising judicial discretion in bail decisions, including the nature and seriousness of the offence, the accused's criminal history and record, and the risk of flight or danger to the community. Through a critical analysis of case law, statutes, and scholarly literature, this paper argues that judicial discretion in bail decisions must be exercised in a way that balances individual rights, such as the right to liberty and freedom, with public interest considerations, such as public safety and prevention of crime
