Over Crowdedly Jail Gives Rise To Medical Issues:

One of the major consequences of not granting bail is that it leads to overcrowded jails. Overcrowded jails not only lead to physical health issues but also mental health issues. Indian jail settings are especially vulnerable to the spread of infectious diseases, including sexually transmitted illnesses like hepatitis B, hepatitis C, and HIV-AIDS as well as illnesses like TB.

These environments are overcrowded and unhygienic. A 2013 cross-sectional study of a South Indian jail revealed that 84 percent of detainees were anemic, 18 percent suffered ascariasis, and almost 10 percent experienced acute upper respiratory tract infections. 1

Additionally, compared to the general population, Indian convicts have significantly higher rates of mental health issues. According to one research, 56.4 percent of those with criminal records and 23.8 percent of those with convictions had a history of substance misuse.

Non Serious Offences Not Considered Bailable:

Bail is a right and jail is an exception – A Famous slogan Bail can be claimed as matter of right in bailable offences .Although bail is a right under CrPC, Court fails to recognize it as a right and deny bail in many instances. Right to claim bail is absolute and indefeasible.

In this bailable offence, even the police officer can grant the bail to the accused after the execution of bail bond. When the bail is claimed for bailable offences, the investigating officer or the Court cannot exercise their discretion to refuse it. But Courts often either cancel the bail that has been granted or reject the bail application even for bailable offences.

When someone stands before him for the first time and is eligible for bail, no magistrate may refuse to grant it. Bail is a matter of right. If the defendant does not show up on the hearing date, the magistrate may issue non-bailable warrants to ensure that the defendant is present. In this situation, the defendant is arrested, and the magistrate may refuse the bail request right away. The Court does not seem to follow the above procedure and right away reject the bail application in bailable offence.

Delay In Execution Despite Faster:

The Constitution's rule that "no person shall be deprived of his life or personal liberty except according to the procedure prescribed by law" was intended to safeguard individual freedom against the arbitrary and unjustified exercise of state power and authority.

According to the law, everybody who commits a crime is put in jail. Their freedom is restricted by the State as a kind of legal punishment, and in order to regain her freedom, one must ask for bail in a court of law.