ISSN2320-2882
Impact Factor9.17
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CrossRefDOI
ESTD2013
Peer ReviewTransparent
AccessOpen
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Paper Title
Bail Granted, Liberty Denied: Examining the Gap Between Judicial Relief and Personal Freedom
Authors
S.M. Haider Rizvi,
Keywords
Article 21, Bail, Personal Liberty, Pre-trial Detention, Criminal Justice, Supreme Court of India, Procedure Established by Law
Abstract
Article 21 of the Constitution of India declares, with the terseness of the absolute, that no person shall be deprived of his life or personal liberty except according to procedure established by law. The Supreme Court, in a long and luminous line of decisions, has progressively transformed this laconic guarantee into a rich jurisprudence of substantive liberty. Yet, a stark paradox persists within the criminal justice system: the grant of bail by courts does not always translate into actual liberty for the accused. This paper examines the disjunction between judicial relief and lived freedom, arguing that onerous bail conditions, inability to furnish sureties, socio-economic vulnerabilities, and procedural delays render bail an illusory remedy for many undertrials. Drawing on constitutional jurisprudence, case law analysis, and empirical insights, the study interrogates how "procedure established by law" under Article 21 is often reduced to procedural formality rather than substantive fairness. It further evaluates recent judicial and legislative attempts at bail reform and contends that unless structural barriers to availing bail are dismantled, the constitutional promise of personal liberty remains deferred. The paper concludes that a rights-based approach to bail must prioritize de-custodialization, reasonable conditions, and access to justice to give full meaning to Article 21.
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IJCRT — journal style
"Bail Granted, Liberty Denied: Examining the Gap Between Judicial Relief and Personal Freedom", IJCRT - International Journal of Creative Research Thoughts (www.ijcrt.org), ISSN:2320-2882, Vol.14, Issue 4, page no.m382-m390, April 2026, Available :https://ijcrt.org/papers/IJCRT26A4439.pdf
APA — 7th edition
S.M. Haider Rizvi. (2026). Bail Granted, Liberty Denied: Examining the Gap Between Judicial Relief and Personal Freedom. International Journal of Creative Research Thoughts, 14(4), m382-m390. https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4439
MLA — 9th edition
S.M. Haider Rizvi. "Bail Granted, Liberty Denied: Examining the Gap Between Judicial Relief and Personal Freedom." International Journal of Creative Research Thoughts, vol. 14, no. 4, 2026, pp. m382-m390, https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4439.
Chicago — 17th, bibliography
S.M. Haider Rizvi. "Bail Granted, Liberty Denied: Examining the Gap Between Judicial Relief and Personal Freedom." International Journal of Creative Research Thoughts 14, no. 4 (2026): m382-m390. https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4439.
Harvard — author–date
S.M. Haider Rizvi (2026) 'Bail Granted, Liberty Denied: Examining the Gap Between Judicial Relief and Personal Freedom', International Journal of Creative Research Thoughts, 14(4), pp. m382-m390. Available at: https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4439
IEEE — numbered reference
S.M. Haider Rizvi, "Bail Granted, Liberty Denied: Examining the Gap Between Judicial Relief and Personal Freedom," IJCRT, vol. 14, no. 4, pp. m382-m390, Apr. 2026.
Vancouver — biomedical
S.M. Haider Rizvi. Bail Granted, Liberty Denied: Examining the Gap Between Judicial Relief and Personal Freedom. IJCRT. 2026 Apr;14(4):m382-m390.
AMA — 11th edition
S.M. Haider Rizvi. Bail Granted, Liberty Denied: Examining the Gap Between Judicial Relief and Personal Freedom. IJCRT. 2026;14(4):m382-m390. Accessed at https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4439
BibTeX — Zotero, Mendeley, LaTeX
@article{IJCRT26A4439,
author = {S.M. Haider Rizvi},
title = {Bail Granted, Liberty Denied: Examining the Gap Between Judicial Relief and Personal Freedom},
journal = {International Journal of Creative Research Thoughts},
volume = {14},
number = {4},
pages = {m382-m390},
year = {2026},
month = {April},
issn = {2320-2882},
url = {https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4439}
}
RIS — EndNote, RefWorks
TY - JOUR
AU - S.M. Haider Rizvi
TI - Bail Granted, Liberty Denied: Examining the Gap Between Judicial Relief and Personal Freedom
T2 - International Journal of Creative Research Thoughts
JA - IJCRT
VL - 14
IS - 4
PY - 2026
SN - 2320-2882
UR - https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4439
SP - m382-m390
ER -
Issue
Volume 14 Issue 4,
April-2026
Pages : m382-m390
Article Information
- Pages
- m382-m390
- Published
- April 2026
- Registration ID
- IJCRT_307121
- Published Paper ID
- IJCRT26A4439
- Research Area
- Commerce All
- Author Type
- Indian Author
- Location
- India
- Peer Review
- Request Peer Review Report
- Licence
- CC BY 4.0 · Open Access
- ISSN & Impact Factor
- 2320-2882 · IF 9.17
- Downloads
- 161
- Permanent Link
- https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4439
- Published Paper PDF
- https://ijcrt.org/papers/IJCRT26A4439.pdf
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