Core Principles Governing Grant of Bail
The Supreme Court regularly refines the principles governing the grant of bail, balancing the interests of the state with the fundamental right to personal liberty under the Constitution.
Recent judgments have reinforced several key tests and grounds for granting pre-trial release on bail. The Triple Test is one such principle.
The “Triple Test” as a Core Consideration
The “Triple Test” (or Tripod Test) remains the cornerstone in granting bail. The Supreme Court restated it in P. Chidambaram v. Directorate of Enforcement [AIR 2019 SC 4198].
The principle requires that the court must assess three primary factors before granting bail:
- The risk of the accused absconding if released.
- The risk of the accused tampering with evidence.
- The risk of the accused influencing or intimidating witnesses.
While this test is central, courts also consider the gravity of the alleged offense. The ultimate focus remains on whether the release of the accused would prejudice the fairness of the trial.
Failure to Provide Grounds of Arrest
In Pankaj Bansal v. Union of India [2023 INSC 866], the Supreme Court established a crucial procedural safeguard. It held that the failure to furnish an accused with written grounds of arrest at the time of being taken into custody is a direct violation of Article 22(1) of the Constitution.
Such a lapse renders the arrest illegal and entitles the accused to be released on bail, ensuring the process is not just lawful but also transparent and fair.
Prolonged Incarceration as a Ground for Bail
The Supreme Court has repeatedly affirmed that indefinite pre-trial detention is an infringement of the fundamental right to liberty under Article 21.
In cases like Javed v. State of Maharashtra & Anr. [2024 INSC 187] and, later in Manish Sisodia v. Directorate of Enforcement [2024 INSC 595], the Supreme Court granted bail where the accused had been incarcerated for a prolonged period with no substantive progress in the trial. This reaffirms that an unreasonable delay in trial proceedings is a compelling ground for granting bail.
Conclusion
The aforesaid principles impel us that an application for bail must focus on these core principles, apart from other favourable facts applicable to each case.
