Bail Conditions and Constitutional Liberty: How Far Can Courts Go?

Bail Conditions and Constitutional Liberty: How Far Can Courts Go? Introduction Bail is fundamentally concerned with balancing two competing considerations: the individual’s right to personal liberty and the legitimate interests of the criminal justice system. While a court may impose conditions while granting bail, the power to impose such conditions is not unlimited. The question becomes particularly significant when a bail condition affects an accused person’s residence, movement, property, employment, travel or other constitutionally protected interests. Two significant Supreme Court decisions in 2026 — Feroze Basha & Anr. v. State of Tamil Nadu and Sachin Yadav v. State (NCT of Delhi) & Anr. —...

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