1: Eye-Opening Statistic of India's Undertrial Scenario

- India harbours a stark industrial population with 75% of its prison folks not yet legally convicted.

- Growing concerns reflect on the inefficiency of India's bail mechanism, triggering the Supreme Court's call for reform.

- This pressing issue comes to light in the Satender Kumar Antil vs Central Bureau Of Investigation case, 2022.

 2: Pitfalls in the Current Bail Adjudication System

- India's bail adjudication depends heavily on specific case-based court discretion.

- Courts tend to deny bail or set strict conditions when faced with factors such as serious offence, gravity and potential absconding.

- There is a lack of clarity in rationale as the reasons for bail denial aren't frequently stated.

 3: Distinct Disadvantage for the Marginalised

- In India, marginalised individuals bear the brunt of bail exceptions, with higher instances of denials or stringent conditions.

- Bail compliance is challenging with roadblocks like lack of funds, property, identity proof, family support, and understanding of court procedures.

 4: Ineffectiveness of Existing Laws & Need for Reformation

- The Fair Trial Programme's data indicates loopholes in current bail laws, where undertrials often can't comply with bail conditions, causing further detention.

- The system is biassed towards the assumption that every arrested individual can afford bail or have influential social connections, overlooking the reality.

 5: Examining the Custody Types

- In Police Custody, the accused is detained by police in a lock-up to prevent interference with evidence or witnesses.

- Judicial Custody places the accused under the Magistrate's supervision to avert evidence or witness tampering post police custody.

 6: Bridging the Gap: The Way Forward

- India requires major bail law revisions to level the playing field, irrespective of individuals' socio-economic backgrounds.

- The Supreme Court suggests a special bail legislation mirroring the UK's Bail Act, to establish a general bail right and explicit bail decision criteria.

- It's crucial to provide undertrials with legal support for court appearances and fulfilling bail conditions.

- Arrest safeguards should be inclusive, especially towards disadvantaged populations.

- Support programs could be set up to assist undertrials through legal aid, financial aid, and social assistance.

- Cross-sector collaboration can help create comprehensive solutions for bail reform.

- Effective monitoring and evaluation mechanisms are integral to keep track of working reforms and areas of concern.

Note: The Fair Trial Programme is a Delhi-based criminal justice initiative at the National Law University, aiming to secure fair trials for undertrial prisoners. It leads young professionals, such as lawyers and social workers, in assisting the State Legal Services Authority.