Can Bail Be Denied Solely for Absconding? Indian Law Guide

In the Indian criminal justice system, the question of bail often arises at critical junctures, especially when an accused is labeled as absconding. A common query among legal practitioners and individuals facing charges is: Bail Shall Not be Denied Upon a Ground that 164 is Pending—but more broadly, can bail be rejected purely on the basis that the accused has been absconding? This blog post delves into this issue, drawing from established legal principles, landmark judgments, and judicial precedents to provide clarity.

While Section 164 CrPC statements (recorded before a magistrate) may pend in investigations, the focus here is on whether absconding status alone justifies bail denial. Indian courts have repeatedly emphasized that bail is the rule, jail the exception [