The UAPA, bail denial & violation of Article 21
The harsh reality is that jail, not bail, has become the rule, even though it violates the fundamental right of liberty.
ALMOST five decades ago, the Supreme Court in State of Rajasthan vs Balchand clearly held that "bail, not jail, is the rule." This principle was reinforced in Gurbaksh Singh Sibbia vs State of Punjab, where the court emphasised that the grant of bail is the rule and refusal the exception. These rulings continue to be foundational precedents governing bail jurisprudence in India.