It is open to a court to grant or refuse the prayer for bail, depending on the facts and circumstances of the particular case.
The factors considers while grant of bail are:
- The nature of accusation and the severity of the punishment in the case of conviction and the nature of the materials relied upon by the prosecution;
- Reasonable apprehension of tampering with the evidence or apprehension of threat to the complainant or the witnesses;
- Reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence;
- Character, behavior of the accused.
- Criminal antecedent of accused, etc.
In the context of grant of bail whether that will Regular Bail or Anticipatory Bail, all such conditions that would facilitate the appearance of the accused before the investigating officer/court, unhindered completion of investigation/trial and safety of the community assume relevance.