bail order

The Trend of Casual and Cryptic Bail Orders: Vice of Arbitrariness

It has been observed that in recent years, the High courts of India have been approving or refusing bail orders in a cryptic and arbitraryĀ manner in an increasing number of cases. This phenomenon can have deleterious ramifications for society and has the potential to ultimately erode trust in a just, fair, and reasonable judicial system. The judges of the High Courts have developed a propensity to particularly make generic statements about how “the facts and the circumstances have been considered” in such rulings which allowed the grant or rejection of the bail.