"The rights of every man are diminished when the rights of one man are threatened."
~John F. Kennedy
INTRODUCTION With a variety of laws and regulations, the world has become this compact place where one cannot escape his sins and his deeds. As rightly said by John F. Kennedy, people may have rights but they are threatened at every stage we reach out. The history of personal liberty and fundamental rights traces back its essence from Magna Carta of King John to Arthashastra of Kautilya. Dynamicity as a characteristic of society and people has reflected the transformation over the years in laws as well. India is a land where there are innumerable aspects of rights and liberties. The Constitution of India has a shelter which covers almost every piece of rights and liberties. The concept of life and personal liberty is covered under the ambit of Article 21 which has its canopy over several distinctive interpretations. Presumption of innocence is a principle which covers the concepts of bail, personal liberty and human dignity. Each of these parts are interconnected through the constitutional string.
Bail is considered as an extension of presumption of innocence and the constitutional recognition of personal liberty. Article 20(3) doesn't allow self-incrimination and has a direct link with the next article. Therefore, the framers of the Constitution had considered the interlinked notion of human dignity, personal liberty, bail and their constitutional validity.
PRESUMPTION OF INNOCENCE, BAIL AND THEIR CONSTITUTIONAL VALIDITY
Article 11 of Universal Declaration of Human Rights states that "Everyone charged with a penal offence has the right to be presumed innocent until proven guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed."
Presumption of innocence in simple words means 'innocent until proven guilty' which was first spread out by jurist Blackstone. He said that it is better to let out 10 guilty persons rather than convicting an innocent. The whole purpose of not ordering a bail for an accused is that it might happen that the accused is absent in his hearing in the court. The refusal of bail and delayed trial cases are not only unfair but also unreasonable. And if this delayed time becomes unduly long then it tends to shake up Article 21. It certainly happens sometimes that an innocent person has to spend his innocence in incarnation for years waiting for his turn in court. The Supreme Court of India ruled in the judgment of the State of Rajasthan vs. Balchand Alias Baliya that 'Bail is the rule and Jail is an exception'. Therefore, bail stands out as a security related to the accused so that he/she is definitely produced before the court without any second actions or thoughts.
The judges are clouded by the nature of the offence and public reaction;thus, they act reluctant towards granting bail. After independence, immediately the rights and liberties were offered which obviously lacked during the colonialization. The horizon of these rights was widened by the learned personalities. The Supreme Court of Canada had held that denial of bail has a negative effect on presumption of innocence and personal liberty. Appearance in trial is also highly affected by the type of representation in court. And it is very important for us to ensure that fair and economic trials are being executed to overcome the unstable financial status.
Illegal detention is one of the problems which does get covered under Article 21 but is rarely considered with respect to prisoners and accused. Human dignity gets trapped and which in turn obviously gets violative of fundamental human rights. Bail not serves as a way out to the detention but also preserves the fact of presumption of innocence. And the draft by Dr.B.R.Ambedkar also stated that life and liberty cannot be deprived except due process of law.
Since our Constitution is under Magna Carta, therefore the judiciary had a limited amount of power but now the judiciary is one of the most important organs of the Indian Legal System. The interpretations and their utilisation is the important work which needs to be done. With changing societies and times, it is essential to buckle up and rethink the ever-widening prospects. The intertwined theories of bail, fundamental rights, personal liberty and the truth need to be revisited on the basis of constitutional validity. And as citizens, it is very important for us to realise the rights and liberties of others towards us and vice versa. The awareness must be instilled in every mind to cope up with the transformations and changes throughout the planet.
 State of Rajasthan vs. Balchand Alias Baliya 1977 AIR 2447, 1978 SCR (1) 535
● Constitution of India
● Universal Declaration of Human Rights