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1. The judgment is being structured in the following conceptual framework to facilitate the discussion:

I Introduction II Issue arising for consideration III Submissions of learned counsels for the parties IV Bail: Grounds for grant/denial of bail V Constitutional law and bails VI Fair trial and Defence of an accused VII Defence of an accused & Bail:
A Accused and the criminal justice system B Criminal investigations and defence evidence C Section 313 Cr.P.C. (Section 351 BNSS), Section 233 Cr.P.C.(Section 256 BNSS) and the accused D Realizing the rights of defence and bails E Grant of bail for defence : Case Laws VIII Conclusions: Parameters for grant of bail to prepare and conduct defence IX Post Script:
III. Once the trial has commenced, bail cannot be granted. [Ref: X v. State of Rajasthan and another2] IV. Bail: Grounds for grant/denial of bail:

7. Grant of bail is an exercise of judicial discretion. Over the years judicial conventions have developed parameters which guide exercise of judicial power in bail matters. Law of bails is an accumulation of such judicial conventions. The aforesaid conventions which were adhered to by courts while considering bail applications later crystallized into case laws. In fact judicial conventions have been so strong that till very recently case laws pertaining to considerations for grant of bail have been sparse.

8. The law of bail, like any other branch of law, has its own philosophy, and occupies an important place in the administration of justice and the concept of bail emerges from the conflict between the police power to restrict liberty of a man who is alleged to have committed a crime, and presumption of innocence in favour of the alleged criminal. An accused is not detained in custody with the object of punishing him on the assumption of his guilt.

34. The aforesaid judgement was cited with approval by the Supreme Court in Sanjay Chandra v. CBI22. Sanjay Chandra (supra) discussed the principles regarding grant or denial of bail and the constitutional rights of under trial prisoners who are detained indefinitely in jail by stating:

94. It is the responsibility of the High Court Bar Association and Advocates Association, Allahabad High Court to ensure that constant learning programs are created for regular upgradation of legal knowledge, and enhancement of proficiency of the members of the Bar.

IX(B). Noise:

95. As seen above the authorities of high standing have consistently held that the bail is a judges discretion. Discretion has to be exercised by the Courts judiciously in light of parameters long established by convention and practice. However, the courts have refrained from creating a strait jacket formula or an iron clad discipline for grant or denial of bail. Creation of a mathematical formula in bail jurisdiction to fit all cases will not only be an elusive judicial quest, but also impose unnecessary fetters on judicial discretion which will not serve justice. In fact any such rigid formulae for bails is nothing but a recipe for failure of justice. Each bail will have to be considered in the facts and circumstances of a case.